BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 4645

OAH No 2013101152

DECISION AND ORDER

The attached Proposed Decision ofthe Administrative Law Judge is hereby adopted

by the Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 20 2014

It is so ORDERED on May 21 2014

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Ac~ By

STAN C WEISSER Board President

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN Pharmacist License No RPH 54284

Res ondent

Case No 4645

OAH No 2013101152

PROPOSED DECISION

This matter was heard by Laurie R Pearlman Administrative Law Judge (ALJ) with the Office of Administrative Hearings on March 21 2014 in Los Angeles California Complainant was represented by William D Gardner Deputy Attorney General Serj Soukaz Markarian aka Seroj Soukiazian (Respondent) was represented by Tony J Park Attorney at Law

Oral and documentary evidence was received and argument was heard The record was closed and the matter was submitted for decision on March 21 2014

FACTUAL FINDINGS

1 On September 19 2013 Complainant Virginia Herold (Complainant) filed the Accusation and Petition to Revoke Probation while acting in her official capacity as Executive Officer of the Board of Pharmacy (Board) Department of Consumer Affairs

2 On March 20 2003 the Board issued Pharmacist License No RPH 54284 to Respondent The Pharmacist License is in full force and effect and will expire on September 30 2014 unless renewed

Prior Discipline ofRespondents Pharmacist License [ ii I

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3 Effective June 17 2012 in Case No 3601 entitled In the Matter of the Accusation against Serj Soukaz Markarian (Prior Decision) the Board revoked Respondents Pharmacist License However the revocation was stayed his license was suspended for 60 days and Respondents License was placed on probation for five years under terms and conditions which included the following

[Condition]4 Interview with Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

[~] [~]

[Condition]7 Notification to Pharmacist-in-charge

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 3601 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual( s) hashave read the decision in case number 3601 and terms and conditions imposed thereby It shall be respondents responsibili1y to ensure that his or her employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

[~] [~]

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

Employment within the meaning of this provision shall include any fullshytime part -time temporary relief or pharmacy management service as a pharmacist or any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

II[Condition]17 Mental Health Evaluation

Within thirty (30 days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a

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board-appointed or board-approved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards [accusation or petition to revoke probation] and decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

[Condition]18 Pharmacists Recovery Program

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

[~] [~]

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

[~] [~]

[Condition]19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any

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confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

[11] [11]

[Condition] 20 Abstain from Drug and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

[~] [11]

[Condition] 21 Prescription CoordinatorMonitor

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to Accusation 3601 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards Accusation and decision A record of this notification must be provided to the board upon request

[11] [11]

Ill

Ill

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[Condition] 22 Community Service Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health~care related services on a regular basis to a community or charitable facility or agency for at least sixty (60) hours per year for the firstthree (3) years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

[~] [~]

[Condition] 24 Leaving State of California

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

Bases for Discipline

4 In the Accusation Complainant alleged that Respondents license is subject to disciplinary action in that he engaged in an act of dishonesty fraud andor deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board i

il 5 Complainant established by clear and convincing evidence that Respondent

engaged in an act of dishonesty fraud andor deceit in that on September 6 2012 he signed a

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license renewal application under penalty of perjury which falsely stated that he had successfully completed the hours of continuing education required for renewal In fact Respondent had taken the courses prior to the reporting period During the Boards audit of Respondents continuing education hours Respondent made additional false representations to the Board regarding his continuing education hours

Bases to Revoke Probation

6 In the Petition to Revoke Probation Complainant alleged several bases for revocation of probation based on Respondents failure to comply with the terms and conditions of probation Samim Samari an Investigator employed by the Board testified credibly at the hearing She was assigned to monitor Respondent as a probationer All of the bases for revocation of probation were established as follows

(a) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 4 of the Prior Decision in that Respondent failed to appear for an office conference as scheduled on June 22 2012 and did not contact the Board regarding his absence

(b) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 7 of the Prior Decision in that he failed to timely submit notification to the Board of his pharmacist-in-charges acknowledgment that he had read the decision in case number 3601 and the terms and conditions imposed thereby Such notification was due by July 7 2012 but was not received by the Board until October 5 2012

(c) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 17 ofthe Prior Decision in that he failed to undergo a psychiatric evaluation within thirty days of the effective date of probation and did not timely submit evidence of completion of such an evaluation

(d) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 18 of the Prior Decision in that Respondent failed to timely enroll and participate in the Pharmacists Recovery Program (PRP) as he did not contact PRP until December 13 2012 which was six months after the effective date of probation Additionally on January 2 2013 and January 7 2013 Respondent failed to report daily to PRP and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

(e) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 19 of the Prior Decision in that on January 2 2013 l

iand January 7 2013 Respondent failed to report daily to confirm whether a test was required and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

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(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

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addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

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Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

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I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

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7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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i r

3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN Pharmacist License No RPH 54284

Res ondent

Case No 4645

OAH No 2013101152

PROPOSED DECISION

This matter was heard by Laurie R Pearlman Administrative Law Judge (ALJ) with the Office of Administrative Hearings on March 21 2014 in Los Angeles California Complainant was represented by William D Gardner Deputy Attorney General Serj Soukaz Markarian aka Seroj Soukiazian (Respondent) was represented by Tony J Park Attorney at Law

Oral and documentary evidence was received and argument was heard The record was closed and the matter was submitted for decision on March 21 2014

FACTUAL FINDINGS

1 On September 19 2013 Complainant Virginia Herold (Complainant) filed the Accusation and Petition to Revoke Probation while acting in her official capacity as Executive Officer of the Board of Pharmacy (Board) Department of Consumer Affairs

2 On March 20 2003 the Board issued Pharmacist License No RPH 54284 to Respondent The Pharmacist License is in full force and effect and will expire on September 30 2014 unless renewed

Prior Discipline ofRespondents Pharmacist License [ ii I

I I I

3 Effective June 17 2012 in Case No 3601 entitled In the Matter of the Accusation against Serj Soukaz Markarian (Prior Decision) the Board revoked Respondents Pharmacist License However the revocation was stayed his license was suspended for 60 days and Respondents License was placed on probation for five years under terms and conditions which included the following

[Condition]4 Interview with Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

[~] [~]

[Condition]7 Notification to Pharmacist-in-charge

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 3601 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual( s) hashave read the decision in case number 3601 and terms and conditions imposed thereby It shall be respondents responsibili1y to ensure that his or her employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

[~] [~]

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

Employment within the meaning of this provision shall include any fullshytime part -time temporary relief or pharmacy management service as a pharmacist or any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

II[Condition]17 Mental Health Evaluation

Within thirty (30 days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a

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board-appointed or board-approved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards [accusation or petition to revoke probation] and decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

[Condition]18 Pharmacists Recovery Program

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

[~] [~]

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

[~] [~]

[Condition]19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any

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confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

[11] [11]

[Condition] 20 Abstain from Drug and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

[~] [11]

[Condition] 21 Prescription CoordinatorMonitor

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to Accusation 3601 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards Accusation and decision A record of this notification must be provided to the board upon request

[11] [11]

Ill

Ill

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[Condition] 22 Community Service Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health~care related services on a regular basis to a community or charitable facility or agency for at least sixty (60) hours per year for the firstthree (3) years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

[~] [~]

[Condition] 24 Leaving State of California

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

Bases for Discipline

4 In the Accusation Complainant alleged that Respondents license is subject to disciplinary action in that he engaged in an act of dishonesty fraud andor deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board i

il 5 Complainant established by clear and convincing evidence that Respondent

engaged in an act of dishonesty fraud andor deceit in that on September 6 2012 he signed a

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license renewal application under penalty of perjury which falsely stated that he had successfully completed the hours of continuing education required for renewal In fact Respondent had taken the courses prior to the reporting period During the Boards audit of Respondents continuing education hours Respondent made additional false representations to the Board regarding his continuing education hours

Bases to Revoke Probation

6 In the Petition to Revoke Probation Complainant alleged several bases for revocation of probation based on Respondents failure to comply with the terms and conditions of probation Samim Samari an Investigator employed by the Board testified credibly at the hearing She was assigned to monitor Respondent as a probationer All of the bases for revocation of probation were established as follows

(a) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 4 of the Prior Decision in that Respondent failed to appear for an office conference as scheduled on June 22 2012 and did not contact the Board regarding his absence

(b) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 7 of the Prior Decision in that he failed to timely submit notification to the Board of his pharmacist-in-charges acknowledgment that he had read the decision in case number 3601 and the terms and conditions imposed thereby Such notification was due by July 7 2012 but was not received by the Board until October 5 2012

(c) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 17 ofthe Prior Decision in that he failed to undergo a psychiatric evaluation within thirty days of the effective date of probation and did not timely submit evidence of completion of such an evaluation

(d) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 18 of the Prior Decision in that Respondent failed to timely enroll and participate in the Pharmacists Recovery Program (PRP) as he did not contact PRP until December 13 2012 which was six months after the effective date of probation Additionally on January 2 2013 and January 7 2013 Respondent failed to report daily to PRP and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

(e) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 19 of the Prior Decision in that on January 2 2013 l

iand January 7 2013 Respondent failed to report daily to confirm whether a test was required and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

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(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

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addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

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Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

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I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

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7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

[Condition]4 Interview with Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

[~] [~]

[Condition]7 Notification to Pharmacist-in-charge

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 3601 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual( s) hashave read the decision in case number 3601 and terms and conditions imposed thereby It shall be respondents responsibili1y to ensure that his or her employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

[~] [~]

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

Employment within the meaning of this provision shall include any fullshytime part -time temporary relief or pharmacy management service as a pharmacist or any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

II[Condition]17 Mental Health Evaluation

Within thirty (30 days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a

2

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board-appointed or board-approved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards [accusation or petition to revoke probation] and decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

[Condition]18 Pharmacists Recovery Program

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

[~] [~]

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

[~] [~]

[Condition]19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any

3

confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

[11] [11]

[Condition] 20 Abstain from Drug and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

[~] [11]

[Condition] 21 Prescription CoordinatorMonitor

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to Accusation 3601 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards Accusation and decision A record of this notification must be provided to the board upon request

[11] [11]

Ill

Ill

4

[Condition] 22 Community Service Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health~care related services on a regular basis to a community or charitable facility or agency for at least sixty (60) hours per year for the firstthree (3) years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

[~] [~]

[Condition] 24 Leaving State of California

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

Bases for Discipline

4 In the Accusation Complainant alleged that Respondents license is subject to disciplinary action in that he engaged in an act of dishonesty fraud andor deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board i

il 5 Complainant established by clear and convincing evidence that Respondent

engaged in an act of dishonesty fraud andor deceit in that on September 6 2012 he signed a

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license renewal application under penalty of perjury which falsely stated that he had successfully completed the hours of continuing education required for renewal In fact Respondent had taken the courses prior to the reporting period During the Boards audit of Respondents continuing education hours Respondent made additional false representations to the Board regarding his continuing education hours

Bases to Revoke Probation

6 In the Petition to Revoke Probation Complainant alleged several bases for revocation of probation based on Respondents failure to comply with the terms and conditions of probation Samim Samari an Investigator employed by the Board testified credibly at the hearing She was assigned to monitor Respondent as a probationer All of the bases for revocation of probation were established as follows

(a) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 4 of the Prior Decision in that Respondent failed to appear for an office conference as scheduled on June 22 2012 and did not contact the Board regarding his absence

(b) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 7 of the Prior Decision in that he failed to timely submit notification to the Board of his pharmacist-in-charges acknowledgment that he had read the decision in case number 3601 and the terms and conditions imposed thereby Such notification was due by July 7 2012 but was not received by the Board until October 5 2012

(c) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 17 ofthe Prior Decision in that he failed to undergo a psychiatric evaluation within thirty days of the effective date of probation and did not timely submit evidence of completion of such an evaluation

(d) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 18 of the Prior Decision in that Respondent failed to timely enroll and participate in the Pharmacists Recovery Program (PRP) as he did not contact PRP until December 13 2012 which was six months after the effective date of probation Additionally on January 2 2013 and January 7 2013 Respondent failed to report daily to PRP and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

(e) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 19 of the Prior Decision in that on January 2 2013 l

iand January 7 2013 Respondent failed to report daily to confirm whether a test was required and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

6

(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

7

addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

8

Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

I

I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

9

7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

i I

I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

12

any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

13

11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

14

days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

15

Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

21

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

~ I

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board-appointed or board-approved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards [accusation or petition to revoke probation] and decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

[Condition]18 Pharmacists Recovery Program

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

[~] [~]

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

[~] [~]

[Condition]19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any

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confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

[11] [11]

[Condition] 20 Abstain from Drug and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

[~] [11]

[Condition] 21 Prescription CoordinatorMonitor

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to Accusation 3601 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards Accusation and decision A record of this notification must be provided to the board upon request

[11] [11]

Ill

Ill

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[Condition] 22 Community Service Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health~care related services on a regular basis to a community or charitable facility or agency for at least sixty (60) hours per year for the firstthree (3) years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

[~] [~]

[Condition] 24 Leaving State of California

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

Bases for Discipline

4 In the Accusation Complainant alleged that Respondents license is subject to disciplinary action in that he engaged in an act of dishonesty fraud andor deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board i

il 5 Complainant established by clear and convincing evidence that Respondent

engaged in an act of dishonesty fraud andor deceit in that on September 6 2012 he signed a

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license renewal application under penalty of perjury which falsely stated that he had successfully completed the hours of continuing education required for renewal In fact Respondent had taken the courses prior to the reporting period During the Boards audit of Respondents continuing education hours Respondent made additional false representations to the Board regarding his continuing education hours

Bases to Revoke Probation

6 In the Petition to Revoke Probation Complainant alleged several bases for revocation of probation based on Respondents failure to comply with the terms and conditions of probation Samim Samari an Investigator employed by the Board testified credibly at the hearing She was assigned to monitor Respondent as a probationer All of the bases for revocation of probation were established as follows

(a) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 4 of the Prior Decision in that Respondent failed to appear for an office conference as scheduled on June 22 2012 and did not contact the Board regarding his absence

(b) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 7 of the Prior Decision in that he failed to timely submit notification to the Board of his pharmacist-in-charges acknowledgment that he had read the decision in case number 3601 and the terms and conditions imposed thereby Such notification was due by July 7 2012 but was not received by the Board until October 5 2012

(c) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 17 ofthe Prior Decision in that he failed to undergo a psychiatric evaluation within thirty days of the effective date of probation and did not timely submit evidence of completion of such an evaluation

(d) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 18 of the Prior Decision in that Respondent failed to timely enroll and participate in the Pharmacists Recovery Program (PRP) as he did not contact PRP until December 13 2012 which was six months after the effective date of probation Additionally on January 2 2013 and January 7 2013 Respondent failed to report daily to PRP and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

(e) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 19 of the Prior Decision in that on January 2 2013 l

iand January 7 2013 Respondent failed to report daily to confirm whether a test was required and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

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(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

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addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

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Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

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I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

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7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

[11] [11]

[Condition] 20 Abstain from Drug and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

[~] [11]

[Condition] 21 Prescription CoordinatorMonitor

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to Accusation 3601 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards Accusation and decision A record of this notification must be provided to the board upon request

[11] [11]

Ill

Ill

4

[Condition] 22 Community Service Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health~care related services on a regular basis to a community or charitable facility or agency for at least sixty (60) hours per year for the firstthree (3) years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

[~] [~]

[Condition] 24 Leaving State of California

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

Bases for Discipline

4 In the Accusation Complainant alleged that Respondents license is subject to disciplinary action in that he engaged in an act of dishonesty fraud andor deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board i

il 5 Complainant established by clear and convincing evidence that Respondent

engaged in an act of dishonesty fraud andor deceit in that on September 6 2012 he signed a

5

license renewal application under penalty of perjury which falsely stated that he had successfully completed the hours of continuing education required for renewal In fact Respondent had taken the courses prior to the reporting period During the Boards audit of Respondents continuing education hours Respondent made additional false representations to the Board regarding his continuing education hours

Bases to Revoke Probation

6 In the Petition to Revoke Probation Complainant alleged several bases for revocation of probation based on Respondents failure to comply with the terms and conditions of probation Samim Samari an Investigator employed by the Board testified credibly at the hearing She was assigned to monitor Respondent as a probationer All of the bases for revocation of probation were established as follows

(a) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 4 of the Prior Decision in that Respondent failed to appear for an office conference as scheduled on June 22 2012 and did not contact the Board regarding his absence

(b) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 7 of the Prior Decision in that he failed to timely submit notification to the Board of his pharmacist-in-charges acknowledgment that he had read the decision in case number 3601 and the terms and conditions imposed thereby Such notification was due by July 7 2012 but was not received by the Board until October 5 2012

(c) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 17 ofthe Prior Decision in that he failed to undergo a psychiatric evaluation within thirty days of the effective date of probation and did not timely submit evidence of completion of such an evaluation

(d) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 18 of the Prior Decision in that Respondent failed to timely enroll and participate in the Pharmacists Recovery Program (PRP) as he did not contact PRP until December 13 2012 which was six months after the effective date of probation Additionally on January 2 2013 and January 7 2013 Respondent failed to report daily to PRP and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

(e) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 19 of the Prior Decision in that on January 2 2013 l

iand January 7 2013 Respondent failed to report daily to confirm whether a test was required and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

6

(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

7

addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

8

Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

I

I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

9

7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

I

I

I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

10

Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

i I

I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

11

and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

13

11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

14

days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

15

Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

[Condition] 22 Community Service Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health~care related services on a regular basis to a community or charitable facility or agency for at least sixty (60) hours per year for the firstthree (3) years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

[~] [~]

[Condition] 24 Leaving State of California

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

Bases for Discipline

4 In the Accusation Complainant alleged that Respondents license is subject to disciplinary action in that he engaged in an act of dishonesty fraud andor deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board i

il 5 Complainant established by clear and convincing evidence that Respondent

engaged in an act of dishonesty fraud andor deceit in that on September 6 2012 he signed a

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license renewal application under penalty of perjury which falsely stated that he had successfully completed the hours of continuing education required for renewal In fact Respondent had taken the courses prior to the reporting period During the Boards audit of Respondents continuing education hours Respondent made additional false representations to the Board regarding his continuing education hours

Bases to Revoke Probation

6 In the Petition to Revoke Probation Complainant alleged several bases for revocation of probation based on Respondents failure to comply with the terms and conditions of probation Samim Samari an Investigator employed by the Board testified credibly at the hearing She was assigned to monitor Respondent as a probationer All of the bases for revocation of probation were established as follows

(a) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 4 of the Prior Decision in that Respondent failed to appear for an office conference as scheduled on June 22 2012 and did not contact the Board regarding his absence

(b) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 7 of the Prior Decision in that he failed to timely submit notification to the Board of his pharmacist-in-charges acknowledgment that he had read the decision in case number 3601 and the terms and conditions imposed thereby Such notification was due by July 7 2012 but was not received by the Board until October 5 2012

(c) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 17 ofthe Prior Decision in that he failed to undergo a psychiatric evaluation within thirty days of the effective date of probation and did not timely submit evidence of completion of such an evaluation

(d) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 18 of the Prior Decision in that Respondent failed to timely enroll and participate in the Pharmacists Recovery Program (PRP) as he did not contact PRP until December 13 2012 which was six months after the effective date of probation Additionally on January 2 2013 and January 7 2013 Respondent failed to report daily to PRP and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

(e) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 19 of the Prior Decision in that on January 2 2013 l

iand January 7 2013 Respondent failed to report daily to confirm whether a test was required and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

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(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

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addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

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Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

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I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

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7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

license renewal application under penalty of perjury which falsely stated that he had successfully completed the hours of continuing education required for renewal In fact Respondent had taken the courses prior to the reporting period During the Boards audit of Respondents continuing education hours Respondent made additional false representations to the Board regarding his continuing education hours

Bases to Revoke Probation

6 In the Petition to Revoke Probation Complainant alleged several bases for revocation of probation based on Respondents failure to comply with the terms and conditions of probation Samim Samari an Investigator employed by the Board testified credibly at the hearing She was assigned to monitor Respondent as a probationer All of the bases for revocation of probation were established as follows

(a) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 4 of the Prior Decision in that Respondent failed to appear for an office conference as scheduled on June 22 2012 and did not contact the Board regarding his absence

(b) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 7 of the Prior Decision in that he failed to timely submit notification to the Board of his pharmacist-in-charges acknowledgment that he had read the decision in case number 3601 and the terms and conditions imposed thereby Such notification was due by July 7 2012 but was not received by the Board until October 5 2012

(c) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 17 ofthe Prior Decision in that he failed to undergo a psychiatric evaluation within thirty days of the effective date of probation and did not timely submit evidence of completion of such an evaluation

(d) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 18 of the Prior Decision in that Respondent failed to timely enroll and participate in the Pharmacists Recovery Program (PRP) as he did not contact PRP until December 13 2012 which was six months after the effective date of probation Additionally on January 2 2013 and January 7 2013 Respondent failed to report daily to PRP and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

(e) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 19 of the Prior Decision in that on January 2 2013 l

iand January 7 2013 Respondent failed to report daily to confirm whether a test was required and on January 3 2013 January 10 2013 and March 9 2013 Respondent failed to test as scheduled

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(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

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addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

8

Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

I

I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

9

7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

I

I

I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

i I

I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

12

any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

13

11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

14

days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

15

Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

16

health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

17

dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

18

other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

19

Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

(plusmn) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 20 of the Prior Decision in that Respondent tested positive for alcohol on March 11 2013

(g) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 21 of the Prior Decision in that Respondent failed to timely establish or notify the Board that he had established a practitioner to coordinate and monitor his prescriptions

(h) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 22 of the Prior Decision in that Respondent failed to timely complete the procedures for submitting a community service program for approval by the Board or timely commence working with a Board-approved community service program

(i) Complainant established by clear and convincing evidence that Respondent violated probationary condition number 24 of the Prior Decision in that Respondent traveled outside of California in excess of ten days during his period of license suspension and failed to timely notify the Board in writing of his absence from California within ten days of his departure or return

Rehabilitation and Mitigation

7 Rose Safran (Safran) testified credibly on behalf of Respondent She is licensed in California as a Marriage and Family Therapist and specializes in addiction Safran has been a recovering addict with 28 years of sobriety She opened an in-hospital day treatment program and has been a facilitator for an addiction peer-counseling group since 1991 Safran met Respondent when he was participating in the Promises Recovery Program (Promises) Promises is a residential substanoe abuse treatment program with a specific track for health care professionals At Promises participants spend sixty days under the supervision of Promises staff and participate in individual and group therapy with other addicts who are health care professionals Respondent entered the Promises program after he relapsed on March 11 2013 His sobriety date is March 18 2013 Respondent completed the Promises program in May 2013 For over a year Respondent has consistently participated in Safrans Health Care Professionals Peer Support Group for lioensees who are dealing with substanoe abuse issues Participants are part of a Board diversion program overseen by Maximus a contractor of the State of California The group meets twice a week for one and a half hours per session After eighteen months to two years of participation Safran generally recommends a decrease in attendance at group meetings to once weekly In her group participants discuss issues with recovery jobs and the twelveshystep program Participants are required to remain active in Safrans group until they are out of diversion In Respondents case she expects that he will remain in her group for three to five years Respondent has submitted to the increased level of testing required by Maximus His drug test results demonstrate that Respondent has been free of all substances for more than fourteen months On behalf of Respondent Safran sends a monthly report to his case manager at Maximus When he first began his probation Respondent was still in active

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addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

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Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

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I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

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7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

addiction and was very overwhelmed He is now an addict in full sustained remission and is remorseful for his actions while in active addiction Respondent follows a twelve-step program has a sponsor and has re-directed his social life so that his friends now consist of other group members who are in recovery and he no longer associates with his former friends with whom he had used alcohol or drugs Respondent has demonstrated to Safran that he is willing to do whatever is asked of him with enthusiasm and he is now feeling positive about his life and his recovery Respondent has been in full compliance with all probationary terms since completing the Promises program and would not pose a danger to the public if he were permitted to work as a pharmacist even given the fact that he owns his own pharmacy At his own pharmacy Respondent has another pharmacist-in-charge who is responsible for monitoring Respondent in the workplace

8 Respondent testified credibly and was respectful of the proceedings He readily admits that all of the allegations in the pleading are true and he does not deny them Respondent enrolled in Promises in March 2013 and successfully completed the program All of the violations alleged in the instant Accusation and Petition to Revoke Probation occurred prior to his enrollment at Promises Before enrolling in Promises he was a mess was in a state of depression and did not mow about addiction at that time He has been in full compliance with his conditions ofprobation and realizes that he is in a life or death situation It is not about a job Respondent wants to be well physically mentally emotionally and spiritually Because he acknowledges that he is an addict he recognizes that maintaining his recovery requires extreme vigilance on his part Respondent participates in Safrans Health Care PrOfessionals Support Group from 930am untilll am two days per week In addition he attends six to eight Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings each week Respondent is the secretary at one meeting and brings in speakers to talk about recovery He provides literature service at another meeting where he talks about the AA magazine Respondent calls his clinical case manager at Maximus each month Respondent realized that his environment needed to change and his social life is now different l-Ie no longer maintains friendships with those with whom he drank and partied socially prior to recovery He wants the sobriety and comfort in life that those in recovery demonstrate and he will continue on that path Respondent volunteers at a soccer club in the area as a certified referee He provides support for his elderly parents his two divorced sisters and his five nieces and nephews His license was suspended for 60 days in 2012 pursuant to probationary condition 1 Due to his unauthorized absence from the State of California Respondents license was suspended again from February 2013 through November 2013 The suspension has been lifted but Respondent is not currently working He now feels confident in his ability to work as a pharmacist even at the pharmacy he owns

9 Five individuals provided character references in support of Respondents continued licensure These letters were admitted as administrative hearsay 1 Each writer emphasized Respondents commitment to his recovery and the transformation he has made

1 The term administrative hearsay is a shorthand reference to the provisions of Government Code section 11513 subdivision (d) to the effect that hearsay evidence that is

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Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

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I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

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7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

Costs ofInvestigation and Prosecution

10 Complainant submitted evidence of costs of investigation and prosecution of this matter totaling $1930 This includes costs for the Accusation as well as the Petition to Revoke Probation Complainant attempted to cull out those costs related to the Accusation from those costs related to probation violations (for which costs are not awarded) Since there is one cause for discipline and nine violations of probation Complainant seeks one-tenth of the total amount which is $193 That amount is reasonable

LEGAL CONCLUSIONS

1 Cause exists to revoke or suspend Respondents Pharmacist License pursuant to Business and Professions Code section 4301 subdivisions (f) and (g) for unprofessional conduct in that Respondent engaged in an act of dishonesty fraud or deceit by making false representations to the Board and by signing a document that falsely represented certain facts to the Board as set forth in Factual Findings 4 5 and 8

2 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 4 (Interview with Board) as set forth in Factual Findings 3 6 and 8

3 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 7 (Notification to Pharmacist-in-charge) as set forth in Factual Findings 3 6 and 8

4 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 17 (Mental Health Evaluation) as set forth in Factual Findings 3 6 and 8

5 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 18 (Pharmacist Recovery Program) as set forth in Factual Findings 3 6 and 8

6 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 19 (Random Drug Screening) as set forth in Factual Findings 3 6 and 8

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I objected to and is not otherwise admissible may be used to supplement or explain other evidence but may not by itself support a factual finding

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7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

7 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 20 (Abstain from Drug and Alcohol Use) as set forth in Factual Findings 3 6 and 8

8 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 21 (Prescription CoordinatorMonitor) as set forth in Factual Findings 3 6 and 8

9 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 22 (Community Service Program) as set forth in Factual Findings 3 6 and 8

10 Cause exists to revoke Respondents probation and reimpose the order of revocation of Respondents Pharmacist License in that Respondent failed to comply with Probation Term Number 24 (Leaving State of California) as set forth in Factual Findings 3 6 and 8

11 Pursuant to Business and Professions Code section 125 3 Complainant is entitled to recover reasonable costs of investigation and prosecution of this matter in the amount of $193 as set forth in Factual Finding 10

12 Respondent readily admitted that he violated the terms of his probation and engaged in unprofessional conduct He has taken full responsibility for his actions and has expressed sincere remorse for his conduct Respondent has taken concrete steps to change his life has acted to address his problems with addiction and appears fully committed to his recovery His drug test results confirm that Respondent has been free of all substances for more than fourteen months Rehabilitation and mitigation were established and assurance of Respondents future compliance with probationary terms was provided Consequently probation in this matter with carefully structured terms and conditions is appropriate and is likely to ensure adequate public protection

ORDER

WHEREFORE THE FOLLOWING ORDERS are hereby made

1 Pharmacist License No RPH 54284 issued to Serj Soukaz Markarian is hereby revoked However the revocation is stayed and Respondent is placed on probation for five years on the following terms and conditions

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I1 Obey All Laws

Respondent shall obey all state and federal laws and regulations

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Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

Respondent shall report any of the following occurrences to the board in writing within seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the Pharmacy Law state and federal food and drug laws or state and federal controlled substances laws bull a plea of guilty or nolo contendre in any state or federal criminal proceeding to any criminal complaint information or indictment bull a conviction of any crime bull discipline citation or other administrative action filed by any state or federal agency which involves respondents pharmacist license or which is related to the practice of pharmacy or the manufacturing obtaining handling distributing billing or charging for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

2 Report to the Board

Respondent shall report to the board quarterly on a schedule as directed by the board or its designee The report shall be made either in person or in writing as directed Among other requirements respondent shall state in each report under penalty of perjury whether there has been compliance with all the terms and conditions of probation Failure to submit timely reports in a form as directed shall be considered a violation of probation Any period( s) of delinquency in submission of reports as directed may be added to the total period of probation Moreover if the final probation report is not made as directed probation shall be automatically extended until such time as the final report is made and accepted by the board

3 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear in person for interviews with the board or its designee at such intervals and locations as are determined by the board or its designee Failure to appear for any scheduled interview without prior notification to board staff or failure to appear for two (2) or more scheduled interviews with the board or its designee during the period of probation shall be considered a violation of probation

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I4 Cooperate with Board Staff

Respondent shall cooperate with the boards inspection program and with the boards monitoring and investigation of respondents compliance with the terms

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and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

and conditions of his probation Failure to cooperate shall be considered a violation of probation

5 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and knowledge as a pharmacist as directed by the board or its designee

6 Notice to Employers

During the period of probation respondent shall notify all present and prospective employers of the decision in case number 4645 and the terms conditions and restrictions imposed on respondent by the decision as follows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment respondent shall cause his or her direct supervisor pharmacist-in-charge (including each new pharmacistshyin-charge employed during respondents tenure of employment) and owner to report to the board in writing acknowledging that the listed individual(s) hashave read the decision in case number 4645 and terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity licensed by the board of the terms and conditions of the decision in case number 4645 in advance of the respondent commencing work at each licensed entity A record of this notification must be provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen (15) days of respondent undertaking any new employment by or through a pharmacy employment service respondent shall cause his direct supervisor with the pharmacy employment service to report to the board in writing acknowledging that he or she has read the decision in case number 4645 and the terms and conditions imposed thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure to timely notify present or prospective employer(s) or to cause thatthose employer(s) to submit timely acknowledgments to the board shall be considered a violation of probation

[ Employment within the meaning of this provision shall include any full-time part-time temporary relief or pharmacy management service as a pharmacist or

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any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

any position for which a pharmacist license is a requirement or criterion for employment whether the respondent is an employee independent contractor or volunteer

7 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board nor serve as a consultant unless otherwise specified in this order Assumption of any such unauthorized supervision responsibilities shall be considered a violation of probation

8 Reimbursement of Board Costs

As a condition precedent to successful completion of probation respondent shall pay to the board its costs of investigation and prosecution in the amount of $193 within 90 days of the effective date of this Decision

There shall be no deviation from this schedule absent prior written approval by the board or its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of probation

The filing of bankruptcy by respondent shall not relieve respondent of his responsibility to reimburse the board its costs of investigation and prosecution

9 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the board each and every year of probation Such costs shall be payable to the board on a schedule as directed by the board or its designee Failure to pay such costs by the deadline( s) as directed shall be considered a violation of probation

10 Status of License

Respondent shall at all times while on probation maintain an active current license with the board including any period during which suspension or probation is tolled Failure to maintain an active current license shall be considered a violation of probation I

I If respondents license expires or is cancelled by operation of law or otherwise at

any time during the period of probation including any extensions thereof due to tolling or otherwise upon renewal or reapplication respondents license shall be subject to all terms and conditions of this probation not previously satisfied

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11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

11 License Surrender While on ProbationSuspension

Following the effective date of this decision should respondent cease practice due to retirement or health or be otherwise unable to satisfy the terms and conditions of probation respondent may tender his license to the board for surrender The board or its designee shall have the discretion whether to grant the request for surrender or take any other action it deems appropriate and reasonable Upon formal acceptance of the surrender of the license respondent will no longer be subject to the terms and conditions of probation This surrender constitutes a record ofdiscipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to the board within ten (10) days of notification by the board that the surrender is accepted Respondent may not reapply for any license from the board for three (3) years from the effective date of the surrender Respondent shall meet all requirements applicable to the license sought as of the date the application for that license is submitted to the board including any outstanding costs

12 Notification of a Change in Name Residence Address Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of employment Said notification shall include the reasons for leaving the address of the new employer the name of the supervisor and owner and the work schedule if known Respondent shall further notify the board in writing within ten (10) days of a change in name residence address mailing address or phone number

Failure to timely notify the board of any change in employer(s) name(s) address( es ) or phone number( s) shall be considered a violation of probation

13 Tolling of Probation

Except during periods of suspension respondent shall at all times while on probation be employed as a pharmacist in California for a minimum of 40 hours per calendar month Any month during which this minimum is not met shall toll the period of probation ie the period of probation shall be extended by one month for each month during which this minimum is not met During any such period of tolling of probation respondent must nonetheless comply with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease practicing as a pharmacist for a minimum of 40 hours per calendar month in California respondent must notify the board in writing within ten (10) days of the cessation of practice and must further notify the board in writing within ten (10)

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days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

days of the resumption of practice Any failure to provide such notification(s) shall be considered a violation of probation

It is a violation of probation for respondents probation to remain tolled pursuant to the provisions of this condition for a total period counting consecutive and non-consecutive months exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during which respondent is not practicing as a pharmacist for at least 40 hours as defined by Business and Professions Code section 4000 et seq Resumption of practice means any calendar month during which respondent is practicing as a pharmacist for at least 40 hours as a pharmacist as defined by Business and Professions Code section 4000 et seq

14 Violation of Probation

If a respondent has not complied with any term or condition of probation the board shall have continuing jurisdiction over respondent and probation shall automatically be extended until all terms and conditions have been satisfied or the board has taken other action as deemed appropriate to treat the failure to comply as a violation of probation to terminate probation and to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice and an opportunity to be heard may revoke probation and carry out the disciplinary order that was stayed Notice and opportunity to be heard are not required for those provisions stating that a violation thereof may lead to automatic termination of the stay andor revocation of the license If a petition to revoke probation or an accusation is filed against respondent during probation the board shall have continuing jurisdiction and the period of probation shall be automatically extended until the petition to revoke probation or accusation is heard and decided

15 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of probation respondents license will be fully restored

16 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may be required by the board or its designee respondent shall undergo at his or her own expense psychiatric evaluation(s) by a board-appointed or boardshyapproved licensed mental health practitioner The approved evaluator shall be provided with a copy of the boards Accusation and Petition to Probation and this

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Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

Decision Respondent shall sign a release authorizing the evaluator to furnish the board with a current diagnosis and a written report regarding the respondents judgment and ability to function independently as a pharmacist with safety to the public Respondent shall comply with all the recommendations of the evaluator if directed by the board or its designee

If the evaluator recommends and the board or its designee directs respondent shall undergo psychotherapy Within thirty (30) days of notification by the board that a recommendation for psychotherapy has been accepted respondent shall submit to the board or its designee for prior approval the name and qualification of a licensed mental health practitioner ofrespondents choice Within thirty (30) days of approval thereof by the board respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved licensed mental health practitioner Should respondent for any reason cease treatment with the approved licensed mental health practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment therewith submit the name of a replacement licensed mental health practitioner of respondents choice to the board for its prior approval Within thirty (30) days of approval thereof respondent shall submit documentation to the board demonstrating the commencement of psychotherapy with the approved replacement Failure to comply with any requirement or deadline stated by this paragraph shall be considered a violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner respondent shall undergo and continue treatment with that therapist at respondents own expense until the therapist recommends in writing to the board and the board or its designee agrees by way of a written notification to respondent that no further psychotherapy is necessary Upon receipt of such recommendation from the treating therapist and before determining whether to accept or reject said recommendation the board or its designee may require respondent to undergo at respondents expense a mental health evaluation by a separate board-appointed or board-approved evaluator If the approved evaluator recommends that respondent continue psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board Respondent shall provide the therapist with a copy of the boards Accusation and Petition to Revoke Probation and this Decision no later than the first therapy session Respondent shall take all necessary steps to ensure that the treating therapist submits written quarter y reports to the board concerning respondents fitness to practice progress in treatment and other such information as may be required by the board or its designee

If at any time the approved evaluator or therapist determines that respondent is unable to practice safely or independently as a pharmacist the licensed mental

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health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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1~----------------------~

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

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ACCUSATION AND PETITION TO REVOKE PROBATION

health practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

17 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enroll successfully participate in and complete the treatment contract and any subsequent addendums as recommended and provided by the PRP and as approved by the board or its designee The costs for PRP participation shall be borne by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of the effective date of this decision is no longer considered a self-referral under Business and Professions Code section 4362( c )(2) Respondent shall successfully participate in and complete his or her current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete the treatment contract andor any addendums shall be considered a violation of probation

Probation shall be automatically extended until respondent successfully completes the PRP Any person terminated from the PRP program shall be automatically suspended by the board Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall result in the automatic suspension of practice by respondent and shall be considered a violation of probation Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or

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dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

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Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

20

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

21

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not timely paid to the PRP shall constitute a violation for probation The board will collect unpaid administrative fees as part of the annual probation monitoring costs if not submitted to the PRP

18 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug screening program as directed by the board or its designee Respondent may be required to participate in testing for the entire probation period and the frequency of testing will be determined by the board or its designee At all times respondent shall fully cooperate with the board or its designee and shall when directed submit to such tests and samples for the detection of alcohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its designee may direct Failure to timely submit to testing as directed shall be considered a violation of probation Upon request of the board or its designee respondent shall provide documentation from a licensed practitioner that the prescription for a detected drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment shall be considered a violation of probation and shall result in the automatic suspension of practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any

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other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

19

Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

20

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

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Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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11---------------------------

1~----------------------~

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

19 Abstain from Drugs and Alcohol Use

Respondent shall complete y abstain from the possession or use of alcohol controlled substances dangerous drugs and their associated paraphernalia except when the drugs are lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon request of the board or its designee respondent shall provide documentation from the licensed practitioner that the prescription for the drug was legitimately issued and is a necessary part of the treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as individuals who are using illicit substances even if respondent is not personally ingesting the drugs Any possession or use of alcohol controlled substances or their associated paraphernalia not supported by the documentation timely provided andor any physical proximity to persons using illicit substances shall be considered a violation of probation

20 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the board for its prior approval the name and qualifications of a single physician nurse practitioner physician assistant or psychiatrist of respondents choice who shall be aware of the facts and circumstances giving rise to the

19

Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

20

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

21

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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1617

11---------------------------

1~----------------------~

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

Accusation and the Petition to Revoke Probation in Case No 4645 and who will coordinate and monitor any prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs The approved practitioner shall be provided with a copy of the boards accusation and petition to revoke probation and this decision A record of this notification must be provided to the board upon request Respondtnt shall sign a release authorizing the practitioner to communicate with the board about respondents treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist shall report to the boardmiddoton a quarterly basis for the duration of probation regarding respondents compliance with this condition If any substances considered addictive have been prescribed the report shall identify a program for the time limited use of any such substances The board may require that the single coordinating physician nurse practitioner physician assistant or psychiatrist be a specialist in addictive medicine or consult a specialist in addictive medicine Should respondent for any reason cease supervision by the approved practitioner respondent shall notify the board immediately and within thirty (30) days of ceasing treatment submit the name of a replacement physician nurse practitioner physician assistant or psychiatrist of respondents choice to the board or its designee for its prior approval Failure to timely submit the selected practitioner or replacement practitioner to the board for approval or to ensure the required reporting thereby on the quarterly reports shall be considered a violation of probation

Tf at any time an approved practitioner determines that respondent is unable to practice safely or independently as a pharmacist the practitioner shall notify the board immediately by telephone and follow up by written letter within three (3) working days Upon notification from the board or its designee of this determination respondent shall be automatically suspended and shall not resume practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion of the licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices or controlled substances are maintained Respondent shall not practice pharmacy nor do any act involving drug selection selection of stock manufacturing compounding dispensing or patient consultation nor shall respondent manage administer or be a consultant to any licensee of the board or have access to or control the ordering manufacturing or dispensing of dangerous drugs and controlled substances Respondent shall not resume practice until notified by the board During suspension respondent shall not engage in any activity that requires the professional judgment of a pharmacist Respondent shall not direct or control any aspect of the practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a designated representative for any entity licensed by the board

20

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

21

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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1617

11---------------------------

1~----------------------~

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

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3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

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ACCUSATION AND PETITION TO REVOKE PROBATION

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

Subject to the above restrictions respondent may continue to own or hold an interest in any licensed premises in which he holds an interest at the time this decision becomes effective unless otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

21 Community Services Program

Within sixty ( 60) days of the effective date of this decision respondent shall submit to the board or its designee for prior approval a community service program in which respondent shall provide free health-care related services on a regular basis to a community or charitable facility or agency for at least 60 hours per year for the first three years of probation Within thirty (30) days of board approval thereof respondent shall submit documentation to the board demonstrating commencement of the community service program A record of this notification must be provided to the board upon request Respondent shall report on progress with the community service program in the quarterly reports Failure to timely submit commence or comply with the program shall be considered a violation of probation

22 No New Ownership of Licensed Premises

Respondent shall not acquire any new ownership legal or beneficial interest nor serve as a manager administrator member officer director trustee associate or partner of any additional business firm partnership or corporation licensed by the board If respondent currently owns or has any legal or beneficial interest in or serves as a manager administrator member officer director trustee associate or partner of any business firm partnership or corporation currently or hereinafter licensed by the board respondent may continue to serve in such capacity or hold that interest but only to the extent of that position or interest as of the effective date of this decision Violation of this restriction shall be considered a violation of probation

23 Tolling of Suspension

During the period of suspension respondent shall not leave California for any period exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess of the (10) days during suspension shall be considered a violation of probation Moreover any absence from California during the period of suspension exceeding ten (10) days shall toll the suspension ie the suspension shall be extended by one day for each day over ten (10) days respondent is absent from California During any such period of tolling of suspension respondent must nonetheless comply with all terms and conditions of probation

21

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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1617

11---------------------------

1~----------------------~

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

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20

25

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i r

3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

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10

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COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

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2

3

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

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10

15

20

25

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3

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13

T4shy

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middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

Respondent must notify the board in writing within ten (10) days of departure and must further notify the board in writing within ten (10) days of return The failure to provide such notification(s) shall constitute a violation of probation Upon such departure and return respondent shall not resume the practice of pharmacy until notified by the board that the period of suspension has been satisfactorily completed

24 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll in a course in ethics at respondents expense approved in advance by the board or its designee Failure to initiate the course during the first year of probation and complete it within the second year of probation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five days after completing the course

DATED April21 2014 ~(2ampvl~LAURIE R PEARLMAN Administrative Law Judge Office of Administrative Hearings

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1617

11---------------------------

1~----------------------~

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

1

2

3

4

6

7

8

9

II

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i r

3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

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10

15

20

25

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3

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6

7

8

9

11

12

13

14

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18

19

21

22

23

24

26

27

28

COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

1

2

3

4

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that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

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7

8

9

II

12

13

T4shy

16

17

18

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22

23

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26

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28

middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

5

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20

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1617

11---------------------------

1~----------------------~

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLIAM 0 GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against

SERJ SOUKAZ MARKARIAN AKA SEROJ SOUKIAZIAN 7766 N Gleno11ka Blvd Burbank CA 91504 Pharmacist License No RPII 54284

Respondent

Case No 4645

ACCUSATION AND PETITION TO REVOKE PROBATION

Complainant alleges

PARTIES

1 Virginia Herold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Executive Officer of the Board of Pharmacy Department ofConsumer

Affairs

2 On or about March 20 2003 the Board of Pharmacy issued Pharmacist License

Number RPH 54284 to Serj Soukaz Markarian aka Seroj Souidazian (Respondent) The

Pharmacist License was in effect at all times relevant to the charges brought herein and wiil

expire on September 30 20 I 4 unless renewed

I --------------------~~ ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

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28

i r

3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

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22

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28

that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

II

12

13

T4shy

16

17

18

19

21

22

23

24

26

27

28

middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

1

2

3

4

6

7

8

9

II

12

13

14

16

17

18

19

21

22

23

24

26

21

28

i r

3 In a disciplinary action entitled In the Matter of Accusation Against Serj Soukaz

Markarian Case No 3601 the Board of Pharmacy issued a decision effective June 172012 in

which Respondents Pharmacist License was revoked However the revocation was stayed and

Respondents Pharmacist License was placed on probation for a period of five (5) years with

certain terms and conditions A copy of that decision is attached as Exhibit A and is

incorporated by reference

JURISDICTION AND STATUTORY

PROVISIONS FOR ACCUSATION

4 This Accusation is brought before the Board of Pharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

5 Section 118 subdivision (b) of the Code provides that the suspension expiration

surrender or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed restored reissued

or reinstated

6 Section 430 l of the Code states in pertinent part

The board shall take action against any holder of a license who is guilty of

unprofessional conduct or whose license has been procured by fraud or misrepresentation or

issued by mistake Unprofessional conduct shall include but is not limited to any ofthe

following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit

or corruption whether the act is committed in the course of relations as a licensee or otherwise

and whether the act is a felony or misdemeanor or not

(g) Knowingly making or signing any certificate or other document that falsely

represents the existence or nonexistence of a state of facts

Ill

2

ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

II

12

13

T4shy

16

17

18

19

21

22

23

24

26

27

28

middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

COST RECOVERY

7 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated

FIRST CAUSE F06 DISCIPLINE

(Unprofessional Conduct DishonestyFalse Representation)

8 Respondent is subject to disciplinary action under section 4301 subdivision (f) and

(g) in that Respondent engaged in an act ofdishonesty fraud andor deceit by making false

representations to the Board and signing a document that falsely represented certain facts to the

board The circumstances are that on or about September 6 2012 Respondent signed under

penalty of perjury a license renewal application which falsely stated that he had successfully

completed the hours ofcontinuing education required for renewal During the Boards audit of

Respondents continuing education hours Respondent made additional false representations to

the Board regarding his continuing education hours

JDRISDICTJON FOR PETITION TO REVOKE PROBATION

9 This Petition to Revoke Probation is brought before the Board of Pharmacy (Board

Department of Consumer Affairs undemiddot Probation Term and Condition Number 15 of the

Decision and Order In the Matter of Accusation Against Serj Soukaz Markarian Case No 3601

That term and condition states as follows

If a respondent has not complied with any term or condition of probation the board

shall have continuing jurisdiction over respondent and probation shall automatically be extended

until all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation to terminate probation and

to impose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent

notice and an opportunity to be heard may revoke probation and carry out the disciplinary order

3 ACCUSATION AND lBTITION TO REVOKE PROBATION

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

II

12

13

T4shy

16

17

18

19

21

22

23

24

26

27

28

middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

that was stayed Notice and oppo1tunity to be heard are not required for those provisions stating

that a violation thereof may lead to automatic termination of the stay andor revocation of the

license If a petition to revoke probation or an accusation is filed against respondent during

probation the board shall have continuing jurisdiction and the period of probation shall be

automatically extended until the petition to revoke probation or accusation is beard and decided

FIRST CAUSE TO REVOKE PROBATION

(Interview with Board)

10 At all times after the effective date of Respondents probation Condition 4 stated

Upon receipt of reasonable prior notice respondent shall appear in person for interviews

with the board or its designee at such intervals and locations as are determined by the board or its

designee Failure to appear for any scheduled interview without prior notification to board staff

or fuilure to appear for two (2) or more scheduled interviews with the board or its designee during

the period ofprobation shall be considered a violation ofprobation

11 Respondents probation is subject tosevocation_because_heJailedJo_comply~with __ shy

Probation Condition 4 referenced above TI1e facts and circumstances regarding this violation

are that Respondent fulled to appca1middot for an office conference as scheduled on June 222012 and

did not contact the Board regarding his absence

SECOND CAUSE TO REVOKE PROBATION

(Notification to Pharmacist-In-charge)

12 At all times after the effective date of Respondents probation Condition 7 stated in

pertinent part

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 360 I and the terms conditions and restrictions imposed

on respondent by the decision as fo Bows

Within thirty (30) days of the effective date of this decision and within fifteen (15) days

of respondent unde1taking any new employment respondent shall cause his direct supervisor

phannacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

4 ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

II

12

13

T4shy

16

17

18

19

21

22

23

24

26

27

28

middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

2

3

4

6

7

8

9

II

12

13

T4shy

16

17

18

19

21

22

23

24

26

27

28

middot tin~- ------shy

Ill

individual(s) hashave read the decision in case number 3601 and terms and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

submit timely acknowledgment(s) to the board

Failure to timely notifY present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employment within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

13 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 7 referenced above The facts and circumstances regarding this violation

are-thatmiddotResponderit failed tomiddottimely submitnotification-to-theBoardoofthepharmaeis

charges acknowledgement that he or she had read the decision in case number 3601 and the

terms and conditions imposed thereby Such notification was not received by the Board until

October 5 2012

THIRD CAUSE TO REVOKE PROBATION

(Mental Healtlt Evaluation)

14 At all times after the effective date of Respondents probation Condition 17 stated in

pertinent part

Within thirty (30) days of the effective date ofthis decision and on a periodic basis as

may be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release autholizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

5

ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

-middotmiddot- ---middot --14~ ~

16

17

18

19

21

22

23

24

26

27

28

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

15 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 17 referenced above The facts and circumstances regarding this violation

are that Respondent failed to undergo a psychiatric evaluation within thirty (30) days ofthe

effective date of probation and to date has not submitted evidence ofcompletion ofsuch an

evaluation

FOURTH CAUSE TO REVOKE PROBATION

(Pharmacists Recovery Program)

16 At all times after the effective date of Respondents probation Condition 18 stated in

pertinent part _ middot----middot ________ -middotmiddot

Within thirty (3 0) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thereafter enrol~

successfullypartioipateinandcompietethejreatmentcontractandany~subsequent_addendumsas_

recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be borne by the respondent

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addendums shall be considered a violation of probation

17 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 18 referenced above The facts and circumstances regarding this violation

are as foilows

a Respondent failed to timely enroll and participate in the Pharmacists Recovery

Program (PRP) as he did not contact PRP until December 13 2012 which was six ( 6) months

after the effective date of probation Additionally on January 2 2013 and January 7 2013

Respondent tailed to daily report to PRP and on January 3 2013 January 102013 and March 9

2013 Respondent tailed to test as scheduled

6

II

~--middot___

ACCUSATION AND PETITION TO REVOKE PROBATION

5

10

15

20

3

4

6

7

8

9

___ --middotmiddot __IL

12

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~~~~middotmiddot--~J4~

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FIFTH CAUSE TO REVOKE PROBATION

(Random Orng Screening)

18 At all times after the effective date of Respondents probation Condition 19 stated in

pertinent part

Respondent at his own expense shall participat~ in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

__gfaJcobQ) narco_tcsect)YJmoti_qsect daogerous dmgs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

of probation Upon request of the board or its designee respondent shall provide documentation

fromalicensedpractitionerthattheprescriptionforJLdetectedJlrug~gitimatelyissuedand is

a necessary part of the treatment ofthe respondent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation of probation and shall result in the automatic suspension of

practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until

notified by the board in writing

19 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 19 referenced above The facts and circumstances regarding this violation

are that on January 2 2013 aod January 7 2013 Respondent fuied to daily report to confirm

whether a test was required and on January 3 2013 January 102013 and March 9 2013

Respondent failed to test as scheduled

7 ACCl)SATION AND PETITION TO REVOKE PROBATION

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sectIXTH CAUSE TO REVOKE PROBATION

(Abstain from Drug and Alcohol Use)

20 At all times after the effective date of Respondents probation Condition 20 stated

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request ofthe board or its designee respondent shall provide documentation from the licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a

violation of probation Respondent shall ensure that he is not in the same physical location as

imliYJdua1s who are using_ illicit substances even if respondent is not p_~rsonally ingesting-the____

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

__

usingJHoit~ubstanaesp~~haL~oensidecedoavJeJatienampJfoptubation~=-------=-~-~-~---~--=-=middot---=-=-~middot

21 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 20 reterenced above The facts and circumstances regarding this violation

are that Respondent tested positive for alcohol on March 11 2013

SEVEN11I CAUSE TO REVOKE PROBATION

(Prescription CoordinatorMonitor)

22 At all times after the effective date of Respondents probation Condition 21 stated in

pertinent part

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications ofa single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts and

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering dmgs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification must be provided to the board upon request

8 ACCUSATION AND PETITION TO REVOKE PROBATION

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23 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 21 referenced above The facts and circumstances regarding this violation

are that to date Respondent has failed to establish andor notify the Board that he has established

a practitioner to coordinate and monitor his prescriptions

EIGHTH CAUSE TO REVOKE PROBATION

(Community Service Program)

24 At all times after the effective date of Respondents probation Condition22 stated

Within sixty (60) days of the effective date of this decision resp()ndent shall submit to the

board or its designee for prior approval a community service progimiddotam in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

JlgetWY for at leasJ_sixt)_(lti_Q) hours (1er year for the first three (J)_years of probation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the community service program A record of this notification

mustb~gtoproOyenid0d=te=threg=boand=uponJeqU~St=oampespondenbshaLreporkobprogress_withthe~--- ____

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

25 Respondents probation is subject to revocation because he fulled to comply with

Probation Condition 22 referenced above Tho fuels and circumstances regarding this violation

are that to date Respondent has not completed the procedures for submitting a community

service program tor approval by the Board nor has commenced working with a Board-approved

community service program

NINTII CAUSE TO REVOKE PROBATION

(Leaving State of California)

26 At all times after the effective date of Respondents probation Condition 24 stated

Ouring the period of suspension respondent shall not leave California for uny period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

9 ACCUSATION AND PETlTlON TO RBVOKB PROBATION

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stJspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions ofprobation

Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (I 0) days ofreturn The fuilure to provide such

notification(a) shall constitute a violation of probation Upon such departure and return

respondent shall not resume the practice of pharmacy until notified by the board that the period of

suspension has been satisfactorily completed

27 Respondents probation is subject to revocation because he fuiled to comply with

Probation Condition 24 referenced above The facts and circumstances regarding this violation

are that Respondent traveledoutsideJhe_State_ofpoundalifurniaJn-llUlllliSllfoo(1 0) dl)S during _hili__

period of suspension and did he timely not notify the Board in writing within ten (1 0) days of his

departure or return

PRAyenER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

I Revoking the probation that was granted by the Board ofPhamracy in Case No 3601

and imposing the disciplinary order that was stayed thereby revoking Pharmacist License

Number RPH 54284 issued to Serj Soukaz Markarian

2 Revoking or suspending Pharmacist License Number RPH 54284 issued to Serj

Soukaz Markarian

10 SATION AND PETITION TO REVOK8 PROBATION

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3 Ordering Serj Soukaz Markarian to pay the Board of Pharmacy the reasonable costs

of the investigation and enforcement ofthis case with respect to the Accusation pursuant to

Business and Professions Code section 1253

4 Taking such other and further action as deemed necessary and proper

DATED _QL-fJJ----L~If-__)L___ HEROLD

Execu middot Officer Board of Pharmacy Department of Consumer Affairs State of California Complalnanl

LA2013509185-shy5l315l53doc

II

ACCUSATION AND PETITION TO REVOKE PROBATION

Exhibit A

Decision and Order

Board of Pharmacy Case No 3601

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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middoti

and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

2

STIPULATED SETTLEMENT (3 60 l)

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

3

STIPULATED SETILEMENT (360 I)

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

Ill

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

8

STIPULATED SEITLEMENT (3601)

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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~TIPLiLATED ~EITLEMllNT (3601)

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FIFTH CAUSE TO REVOKE PROBATION

(Random Orng Screening)

18 At all times after the effective date of Respondents probation Condition 19 stated in

pertinent part

Respondent at his own expense shall participat~ in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

__gfaJcobQ) narco_tcsect)YJmoti_qsect daogerous dmgs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

of probation Upon request of the board or its designee respondent shall provide documentation

fromalicensedpractitionerthattheprescriptionforJLdetectedJlrug~gitimatelyissuedand is

a necessary part of the treatment ofthe respondent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation of probation and shall result in the automatic suspension of

practice of pharmacy by respondent Respondent may not resume the practice of pharmacy until

notified by the board in writing

19 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 19 referenced above The facts and circumstances regarding this violation

are that on January 2 2013 aod January 7 2013 Respondent fuied to daily report to confirm

whether a test was required and on January 3 2013 January 102013 and March 9 2013

Respondent failed to test as scheduled

7 ACCl)SATION AND PETITION TO REVOKE PROBATION

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sectIXTH CAUSE TO REVOKE PROBATION

(Abstain from Drug and Alcohol Use)

20 At all times after the effective date of Respondents probation Condition 20 stated

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request ofthe board or its designee respondent shall provide documentation from the licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a

violation of probation Respondent shall ensure that he is not in the same physical location as

imliYJdua1s who are using_ illicit substances even if respondent is not p_~rsonally ingesting-the____

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

__

usingJHoit~ubstanaesp~~haL~oensidecedoavJeJatienampJfoptubation~=-------=-~-~-~---~--=-=middot---=-=-~middot

21 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 20 reterenced above The facts and circumstances regarding this violation

are that Respondent tested positive for alcohol on March 11 2013

SEVEN11I CAUSE TO REVOKE PROBATION

(Prescription CoordinatorMonitor)

22 At all times after the effective date of Respondents probation Condition 21 stated in

pertinent part

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications ofa single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts and

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering dmgs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification must be provided to the board upon request

8 ACCUSATION AND PETITION TO REVOKE PROBATION

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23 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 21 referenced above The facts and circumstances regarding this violation

are that to date Respondent has failed to establish andor notify the Board that he has established

a practitioner to coordinate and monitor his prescriptions

EIGHTH CAUSE TO REVOKE PROBATION

(Community Service Program)

24 At all times after the effective date of Respondents probation Condition22 stated

Within sixty (60) days of the effective date of this decision resp()ndent shall submit to the

board or its designee for prior approval a community service progimiddotam in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

JlgetWY for at leasJ_sixt)_(lti_Q) hours (1er year for the first three (J)_years of probation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the community service program A record of this notification

mustb~gtoproOyenid0d=te=threg=boand=uponJeqU~St=oampespondenbshaLreporkobprogress_withthe~--- ____

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

25 Respondents probation is subject to revocation because he fulled to comply with

Probation Condition 22 referenced above Tho fuels and circumstances regarding this violation

are that to date Respondent has not completed the procedures for submitting a community

service program tor approval by the Board nor has commenced working with a Board-approved

community service program

NINTII CAUSE TO REVOKE PROBATION

(Leaving State of California)

26 At all times after the effective date of Respondents probation Condition 24 stated

Ouring the period of suspension respondent shall not leave California for uny period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

9 ACCUSATION AND PETlTlON TO RBVOKB PROBATION

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1-----------------A-CCU

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stJspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions ofprobation

Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (I 0) days ofreturn The fuilure to provide such

notification(a) shall constitute a violation of probation Upon such departure and return

respondent shall not resume the practice of pharmacy until notified by the board that the period of

suspension has been satisfactorily completed

27 Respondents probation is subject to revocation because he fuiled to comply with

Probation Condition 24 referenced above The facts and circumstances regarding this violation

are that Respondent traveledoutsideJhe_State_ofpoundalifurniaJn-llUlllliSllfoo(1 0) dl)S during _hili__

period of suspension and did he timely not notify the Board in writing within ten (1 0) days of his

departure or return

PRAyenER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

I Revoking the probation that was granted by the Board ofPhamracy in Case No 3601

and imposing the disciplinary order that was stayed thereby revoking Pharmacist License

Number RPH 54284 issued to Serj Soukaz Markarian

2 Revoking or suspending Pharmacist License Number RPH 54284 issued to Serj

Soukaz Markarian

10 SATION AND PETITION TO REVOK8 PROBATION

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3 Ordering Serj Soukaz Markarian to pay the Board of Pharmacy the reasonable costs

of the investigation and enforcement ofthis case with respect to the Accusation pursuant to

Business and Professions Code section 1253

4 Taking such other and further action as deemed necessary and proper

DATED _QL-fJJ----L~If-__)L___ HEROLD

Execu middot Officer Board of Pharmacy Department of Consumer Affairs State of California Complalnanl

LA2013509185-shy5l315l53doc

II

ACCUSATION AND PETITION TO REVOKE PROBATION

Exhibit A

Decision and Order

Board of Pharmacy Case No 3601

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

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STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

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sectIXTH CAUSE TO REVOKE PROBATION

(Abstain from Drug and Alcohol Use)

20 At all times after the effective date of Respondents probation Condition 20 stated

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request ofthe board or its designee respondent shall provide documentation from the licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a

violation of probation Respondent shall ensure that he is not in the same physical location as

imliYJdua1s who are using_ illicit substances even if respondent is not p_~rsonally ingesting-the____

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

__

usingJHoit~ubstanaesp~~haL~oensidecedoavJeJatienampJfoptubation~=-------=-~-~-~---~--=-=middot---=-=-~middot

21 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 20 reterenced above The facts and circumstances regarding this violation

are that Respondent tested positive for alcohol on March 11 2013

SEVEN11I CAUSE TO REVOKE PROBATION

(Prescription CoordinatorMonitor)

22 At all times after the effective date of Respondents probation Condition 21 stated in

pertinent part

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications ofa single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts and

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering dmgs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification must be provided to the board upon request

8 ACCUSATION AND PETITION TO REVOKE PROBATION

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23 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 21 referenced above The facts and circumstances regarding this violation

are that to date Respondent has failed to establish andor notify the Board that he has established

a practitioner to coordinate and monitor his prescriptions

EIGHTH CAUSE TO REVOKE PROBATION

(Community Service Program)

24 At all times after the effective date of Respondents probation Condition22 stated

Within sixty (60) days of the effective date of this decision resp()ndent shall submit to the

board or its designee for prior approval a community service progimiddotam in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

JlgetWY for at leasJ_sixt)_(lti_Q) hours (1er year for the first three (J)_years of probation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the community service program A record of this notification

mustb~gtoproOyenid0d=te=threg=boand=uponJeqU~St=oampespondenbshaLreporkobprogress_withthe~--- ____

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

25 Respondents probation is subject to revocation because he fulled to comply with

Probation Condition 22 referenced above Tho fuels and circumstances regarding this violation

are that to date Respondent has not completed the procedures for submitting a community

service program tor approval by the Board nor has commenced working with a Board-approved

community service program

NINTII CAUSE TO REVOKE PROBATION

(Leaving State of California)

26 At all times after the effective date of Respondents probation Condition 24 stated

Ouring the period of suspension respondent shall not leave California for uny period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

9 ACCUSATION AND PETlTlON TO RBVOKB PROBATION

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1-----------------A-CCU

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stJspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions ofprobation

Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (I 0) days ofreturn The fuilure to provide such

notification(a) shall constitute a violation of probation Upon such departure and return

respondent shall not resume the practice of pharmacy until notified by the board that the period of

suspension has been satisfactorily completed

27 Respondents probation is subject to revocation because he fuiled to comply with

Probation Condition 24 referenced above The facts and circumstances regarding this violation

are that Respondent traveledoutsideJhe_State_ofpoundalifurniaJn-llUlllliSllfoo(1 0) dl)S during _hili__

period of suspension and did he timely not notify the Board in writing within ten (1 0) days of his

departure or return

PRAyenER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

I Revoking the probation that was granted by the Board ofPhamracy in Case No 3601

and imposing the disciplinary order that was stayed thereby revoking Pharmacist License

Number RPH 54284 issued to Serj Soukaz Markarian

2 Revoking or suspending Pharmacist License Number RPH 54284 issued to Serj

Soukaz Markarian

10 SATION AND PETITION TO REVOK8 PROBATION

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---- ----middot-middot- middot------- shy

3 Ordering Serj Soukaz Markarian to pay the Board of Pharmacy the reasonable costs

of the investigation and enforcement ofthis case with respect to the Accusation pursuant to

Business and Professions Code section 1253

4 Taking such other and further action as deemed necessary and proper

DATED _QL-fJJ----L~If-__)L___ HEROLD

Execu middot Officer Board of Pharmacy Department of Consumer Affairs State of California Complalnanl

LA2013509185-shy5l315l53doc

II

ACCUSATION AND PETITION TO REVOKE PROBATION

Exhibit A

Decision and Order

Board of Pharmacy Case No 3601

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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middoti

and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

2

STIPULATED SETTLEMENT (3 60 l)

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

3

STIPULATED SETILEMENT (360 I)

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

Ill

6

STIPULATED SETTLEMENT (3601)

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

8

STIPULATED SEITLEMENT (3601)

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

9

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

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STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

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23 Respondents probation is subject to revocation because he failed to comply with

Probation Condition 21 referenced above The facts and circumstances regarding this violation

are that to date Respondent has failed to establish andor notify the Board that he has established

a practitioner to coordinate and monitor his prescriptions

EIGHTH CAUSE TO REVOKE PROBATION

(Community Service Program)

24 At all times after the effective date of Respondents probation Condition22 stated

Within sixty (60) days of the effective date of this decision resp()ndent shall submit to the

board or its designee for prior approval a community service progimiddotam in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

JlgetWY for at leasJ_sixt)_(lti_Q) hours (1er year for the first three (J)_years of probation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the community service program A record of this notification

mustb~gtoproOyenid0d=te=threg=boand=uponJeqU~St=oampespondenbshaLreporkobprogress_withthe~--- ____

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

25 Respondents probation is subject to revocation because he fulled to comply with

Probation Condition 22 referenced above Tho fuels and circumstances regarding this violation

are that to date Respondent has not completed the procedures for submitting a community

service program tor approval by the Board nor has commenced working with a Board-approved

community service program

NINTII CAUSE TO REVOKE PROBATION

(Leaving State of California)

26 At all times after the effective date of Respondents probation Condition 24 stated

Ouring the period of suspension respondent shall not leave California for uny period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

9 ACCUSATION AND PETlTlON TO RBVOKB PROBATION

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1-----------------A-CCU

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stJspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions ofprobation

Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (I 0) days ofreturn The fuilure to provide such

notification(a) shall constitute a violation of probation Upon such departure and return

respondent shall not resume the practice of pharmacy until notified by the board that the period of

suspension has been satisfactorily completed

27 Respondents probation is subject to revocation because he fuiled to comply with

Probation Condition 24 referenced above The facts and circumstances regarding this violation

are that Respondent traveledoutsideJhe_State_ofpoundalifurniaJn-llUlllliSllfoo(1 0) dl)S during _hili__

period of suspension and did he timely not notify the Board in writing within ten (1 0) days of his

departure or return

PRAyenER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

I Revoking the probation that was granted by the Board ofPhamracy in Case No 3601

and imposing the disciplinary order that was stayed thereby revoking Pharmacist License

Number RPH 54284 issued to Serj Soukaz Markarian

2 Revoking or suspending Pharmacist License Number RPH 54284 issued to Serj

Soukaz Markarian

10 SATION AND PETITION TO REVOK8 PROBATION

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3 Ordering Serj Soukaz Markarian to pay the Board of Pharmacy the reasonable costs

of the investigation and enforcement ofthis case with respect to the Accusation pursuant to

Business and Professions Code section 1253

4 Taking such other and further action as deemed necessary and proper

DATED _QL-fJJ----L~If-__)L___ HEROLD

Execu middot Officer Board of Pharmacy Department of Consumer Affairs State of California Complalnanl

LA2013509185-shy5l315l53doc

II

ACCUSATION AND PETITION TO REVOKE PROBATION

Exhibit A

Decision and Order

Board of Pharmacy Case No 3601

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

Ill

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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1-----------------A-CCU

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stJspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions ofprobation

Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (I 0) days ofreturn The fuilure to provide such

notification(a) shall constitute a violation of probation Upon such departure and return

respondent shall not resume the practice of pharmacy until notified by the board that the period of

suspension has been satisfactorily completed

27 Respondents probation is subject to revocation because he fuiled to comply with

Probation Condition 24 referenced above The facts and circumstances regarding this violation

are that Respondent traveledoutsideJhe_State_ofpoundalifurniaJn-llUlllliSllfoo(1 0) dl)S during _hili__

period of suspension and did he timely not notify the Board in writing within ten (1 0) days of his

departure or return

PRAyenER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

I Revoking the probation that was granted by the Board ofPhamracy in Case No 3601

and imposing the disciplinary order that was stayed thereby revoking Pharmacist License

Number RPH 54284 issued to Serj Soukaz Markarian

2 Revoking or suspending Pharmacist License Number RPH 54284 issued to Serj

Soukaz Markarian

10 SATION AND PETITION TO REVOK8 PROBATION

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3 Ordering Serj Soukaz Markarian to pay the Board of Pharmacy the reasonable costs

of the investigation and enforcement ofthis case with respect to the Accusation pursuant to

Business and Professions Code section 1253

4 Taking such other and further action as deemed necessary and proper

DATED _QL-fJJ----L~If-__)L___ HEROLD

Execu middot Officer Board of Pharmacy Department of Consumer Affairs State of California Complalnanl

LA2013509185-shy5l315l53doc

II

ACCUSATION AND PETITION TO REVOKE PROBATION

Exhibit A

Decision and Order

Board of Pharmacy Case No 3601

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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middoti

and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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STIPULATED SETTLEMENT (3 60 l)

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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STIPULATED SETILEMENT (360 I)

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

Ill

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

8

STIPULATED SEITLEMENT (3601)

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

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STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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~TIPLiLATED ~EITLEMllNT (3601)

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---- ----middot-middot- middot------- shy

3 Ordering Serj Soukaz Markarian to pay the Board of Pharmacy the reasonable costs

of the investigation and enforcement ofthis case with respect to the Accusation pursuant to

Business and Professions Code section 1253

4 Taking such other and further action as deemed necessary and proper

DATED _QL-fJJ----L~If-__)L___ HEROLD

Execu middot Officer Board of Pharmacy Department of Consumer Affairs State of California Complalnanl

LA2013509185-shy5l315l53doc

II

ACCUSATION AND PETITION TO REVOKE PROBATION

Exhibit A

Decision and Order

Board of Pharmacy Case No 3601

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

Ill

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

8

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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STIPULATED SEITLEMENT (3601)

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

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STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

Exhibit A

Decision and Order

Board of Pharmacy Case No 3601

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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STIPULATED SETTLEMENT (3 60 l)

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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STIPULATED SETILEMENT (360 I)

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

I l

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504

Pharmacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy Department of Consumer Affairs as its Decision in this matter

This decision shall become effective on June 7 2012

It is so ORDERED on May 8 2012

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALlFORNlA

Ac~ By

STANLEY C WEISSER Board President

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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~TIPLiLATED ~EITLEMllNT (3601)

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KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General WILLlAM D GARDNER Deputy Attorney General State Bar No 244817

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2114 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS middotSTATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Glenoaks Blvd Burbank CA 91504 Phannacist License No RPH 54284

Respondent

Case No 3601

OAH No L-2011090609 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AN)) AGREED by and between the parties to the aboveshy

entitled proceedings that the following matters are true

PARTIES

I Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy

She brought this action solely in her official capacity and is represented in tllis matter by Kamala

D Harris Attorney General ofthe State of California by William D Gardner Deputy Attomey

General

2 Respondent Serj Soukaz Markarian (Respondent) is represented in this proceeding by

attorney Herbert L Weinberg whose address is 1800 Century Park East 8th Floor Los

Angeles CA 90067

3 On or about March 20 2003 the Board ofPharmacy issued Pharmacist License No

RFH 54284 to Serj Soukaz Markarian (Respondent) The Pharmacist License was in full force

I STIPULATED SETTLEMENT (3601)

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and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

Ill

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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and effect at all times relevant to the charges brought in Accusation No 3601 and will expire on

September 30 2012 unless renewed

JURISDICTION

4 Accusation No 3601 was filed before the Board ofPharmacy (Board) Department of

Consumer Affairs and is cunmiddotently pending against Respondent The Accusation and all other

statutorily required documents were properly served on Respondent on June 15 2011

Respondent timely filed his Notice of Defense contesting the Accusation

5 A copy ofAccusation No 3601 is attached as exhibit A and incorporated herein by

reference

ADVISEMENT AND WAIYERS

6 Respondent has carefully read fully discussed with counsel and understands the

charges and allegations in Accusation No 3601 Respondent has also carefully read fully

discussed with counsel and understands the effects of this Stipulated Settlement and Disciplinary

Order

7 Respondent is fully aware of his legal rights in this matter including the right to a

hearing on the charges and allegations in the Accusation the right to be represented by counsel at

his own expense the right to confront and cross-examine the witnesses against him the right to

present evidence and to testify on his own behalf the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents the right to reconsideration and

court review of an adverse decision and all other rights accorded by the California

Administrative Procedure Act and other applicable laws

8 Respondent voluntarily knowingly and intelligently waives and gives up each and

every right set forth above

CULPABILITY

9 Respondent admits the truth of each and every charge and allegation in Accusation

No 3601

10 Respondent agrees that his Pharmacist License is subject to discipline and he agrees

to be bound by the Boards probationary terms as set forth in the Disciplinary Order below

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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CONTINGENCY

11 This stipulation shall be subject to approval by the Board ofPharmacy Respondent

understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement without notice to

or participation by Respondent or his counsel By signing the stipulation Respondent

understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation

prior to the time the Board considers and acts upon it If the Board fuils to adopt this stipulation

as its Decision and OTder the Stipulated Settlement and Disciplinary Order shall be of no force or

effect except for this paragraph it shall be inadmissible in any legal action between the parties

and the Board shall not be disqualified from further action by having considered this matter

12 The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order including fucsimile signatures thereto shall have the same force and

effect as the originals

13 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete fmal and exclusive embodiment of their agreement

It supersedes any and all prior or contemporaneous agreements understandings discussions

negotiations and commitments (written or oral) This Stipulated Settlement and Disciplinary

Order may not be altered amended modified supplemented or otherwise changed except by a

writing executed by an authorized representative of each oftl1e parties

14 In consideration of the foregoingadmissions and stipulations the parties agree that

the Board may without further notice or formal proceeding issue and enter the following

Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacist License No RPH 54284 issued to Respondent

Serj Soukaz Markarian (Respondent) is revoked However t11e revocation is stayed and

Respondent is placed on probation for five (5) years on the following terms and conditions

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

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17

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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I Suspension

As part ofprobation respondent is suspended from the practice ofphannacy for sixty (60)

days beginning the effective date of this decision

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed premises ofa wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board o~ any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not Practice pharmacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and devices or controlled substances

Respondent shall not engage in any activity that requires the professional judgment of a

phannacist Respondent shall not direct or control any aspect of the practice ofpharmacy

Respondent shall not perform the duties of a pharmacy technician or a designated representative

for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he ho Ids an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

2 Obey All Laws

Respondent shall obey all state and federall~ws and regulations

Respondent shall report any of the following occurrences to the board in writing within

seventy-two (72) hours of such occurrence

bull an arrest or issuance of a criminal complaint for violation of any provision of the

Pharmacy Law state and federal food and drug laws or state and federal controlled

substances Jaws

a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint information or indictment

4 STIPULATED SETTLEMENT (3601)

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

Ill

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

8

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

9

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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bull a conviction of any crime

bull discipline citation or other administrative action filed by any state or federal agency

which involves respondents pharmacist license or which is related to the practice of

pharmacy or the manufacturing obtaining handling distributing billing or charging

for any drug device or controlled substance

Failure to timely report such occurrence shall be considered a violation of probation

3 Report to the Board

Respondent shall report tomiddot the board quarterly on a schedule as directed by the board or its

designee The report shall be made either in perspn or in writing as directed Among other

requirements respondent shall state in each report under penalty of perjury whether there has

been compliance with all the terms and conditions ofprobation Failure to submit timely reports

In a form as directed shall be considered a violation of probation Anyperiod(s) of delinquency

in submission of reports as directed may be added to the total period of probation Moreover if

the final probation report is not made as directed probation shall be automatically extended until

such time as the final report is made and accepted by the board

4 Interview with the Board

Upon receipt of reasonable prior notice respondent shall appear In person for interviews

with the board or its designee at such Intervals and locations as are determined by the board or its

designee Failure to appearmiddot for any scheduled Interview without prior notification to board staf~ middot

or failure to appear for two (2) or more scheduled interviews with the board or its designee during

the period of probation shall be considered a violation of probation

5 Cooperate with Soard Staff

Respondent shall cooperate with the boards Inspection program and with the boards

monitoring and investigation of respondents compliance with the terms middotand conditions of his

probation Failure to cooperate shall be considered a violation of probation

6 Continuing Education

Respondent shall provide evidence of efforts to maintain skill and know ledge as a

pharmacist as directed by the board or its designee

5 STIPULATED SEITLEMENT (360 I)

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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7 Notice to Employers

During the period of probation respondent shall notify all present and prospective

employers of the decision in case number 3601 and the terms conditions and restrictions imposed

on respondent by the decision as fo lows

Within thirty (30) days ofthe effective date of this decision and within fifteen (15) daysmiddotof

respondent undertaldng any new employment respondent shall cause his direct supervisor

pharmacist-in-charge (including each new pharmacist-in-charge employed during respondents

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) hashave read the decision in case number 3601 and tenns and conditions imposed

thereby It shall be respondents responsibility to ensure that his employer(s) andor supervisor(s)

subinit timely acknowledgment(s) to the board

If respondent works for or is employed by or through a pharmacy employment service

respondent must notify his direct supervisor pharmacist-in-charge and owner at every entity

licensed by the board of the tenus and conditions of the decision in case number 3601 in advance

of the respondent commencing work at each licensed entity A record of this notification must be

provided to the board upon request

Furthermore within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofrespondent undertaldng any new employment by or through a pharmacy employment

service respondent shall cause his direct supervisor with the pharmacy employment service to

report to the board in writing aclmowledging that he has read the decision in case number 3601

and the tenus and conditions imposed thereby It shall be respondents responsibility to ensure

that his employer(s) andor supervisor(s) submit timely acknowledgment(s) to the board

Failure tomiddot timely notify present or prospective employer(s) or to cause thatthose

employer(s) to submit timely acknowledgments to the board shall be considered a violation of

probation

Employmen within the meaning of this provision shall include any full-time part-

time temporary relief or pharmacy management service as a pharmacist or any position for

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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which a pharmacist license is a requirement or criterion for employment whether the

respondent is an employee independent contractor or volunteer

8 No Supervision oflnterns Serving as Pharmacist-in-Charge (PIC) Serving as Designated Representative-in-Charge or Serving as a Consultant

During the period of probation respondent shall not supervise any intern pharmacist be the

pharmacist-in-charge or designated representative-in-charge of any entity licensed by the board

nor serve as a consultant unless otherwise specified in this order Assumption of any such

unauthorized supervision responsibilities shall be considered a violatipn ofprobation

9 Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation respondent shall pay to the

board its costs of investigation and prosecution in the amount of $5657 50 Respondent shall

make said payments in accordance with a payment plan to be determined by the Board

There shall be no deviation from tnis schedule absent prior written approval by the board or

its designee Failure to pay costs by the deadline(s) as directed shall be considered a violation of

probation

The filing ofbankruptcy by respondent shall not relieve respondent of his responsibility to

reimburse the board its costs o~investigation and prosecution

10 Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as detennined by the

board each and every year ofprobation Such costs shall be payable to the board on a schedule as

directed by the board or its designee Failure to pay such costs by the deadline(s) as directed sha11

be considered a violation ofprobation

11 Status of License

Respondent shall at a11 times while on probation maintain an active current license with

the board including any period during which suspension or probation is tolled Failure to

maintain an active current license sha11 be considered~ violation of probation

If respondents license expires or is cancelled by operation of law or otherwise at any time

during the period ofprobation including any extensions thereof due to tolling or otherwise upon

7 STIPULATED SETTLEMENT (360 I)

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

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renewal or reapplication respondents license shall be subject to all terms and conditions of this

probation not previously satisfiyd

12 License Surrender While on ProbationSuspension

Following the effective date of thismiddot decision should middotrespondent cease practice due to

retirement or health or be otherwise unable to satisfy the terms and conditions ofprobation

respondent may tender his license to the board for surrender The board or its designee shall have

the discretion whether to grant the request for surrender or take any other action it deems

appropriate and reasonable Upon formal acceptance of the surrender of the license respondent

will no longer be subject to the terms and conditions ofprobation This surrerider constitutes a

record of discipline and shall become a part of the respondents license history with the board

Upon acceptance of the surrender respondent shall relinquish his pocket and wall license to

the board within ten (1 0) days of notification by the board that the surrender is accepted

Respondent may not reapply for any license from the board for three (3) years from the effective

date of the surrender Respondent shall meet all requirements applicable to the license sought as

ofthe date the application for that license is submitted to the board including any outstanding

costs

13 Notification of a Change in Name Residence Address Mailing Address or Employment middot

Respondent shall notify the board in writing within ten (I 0) days of any change of

employment Said notification shall mclude the reasons for leaving the address of the new

employer the name of the supervisor and owner and the work schedule if known Respondent

shall further notify the board in writing within ten (I 0) days of a change in name residence

address mailing address or phone number

Failure to timely notify the board ofany change in employer(s) narne(s) address(es) or

phone number(s) shall be considered a violation ofprobation

14 Tolling of Probation

Except during periods of suspension respondent shal~ at all times while on probation be

employed as a pharmacist in California for a minimum of forty ( 40) hours per calendar month

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

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STIPULATED SETTLEMENT (3 60 I)

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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STIPULATED SETTLEMENT (3601)

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

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STIPULATED SEITLEMENT (3601)

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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STIPULATED SEITLEMENT (3601)

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

14

STIPULATED SEITLEMENT (360 I)

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

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Any month during which this minimum is not met shall toll the period of probation ie the

period of probation shall be extended by one month for each month during which this minimum is

not met During any such period of tolling of probation respondent must nonetheless comply

with all terms and conditions of probation

Should respondent regardless of residency for any reason (including vacation) cease

practicing as a pharmacist for a minimum of forty ( 40) hours per calendar month in California

respondent must notify the board in writing within ten (10) days of the cessation ofpractice and

must further notify the board in writing within ten (10) days ofthe resumption of practice Any

failure to provide such notification(s) shall be considered a violation ofprobation

It is a violation ofprobation for respondents probation to remain tolled pursuant to the

provisions of this condition for a total period counting consecutive and non-consecutive months

exceeding thirty-six (36) months

Cessation ofpractice means any calendar month during whlch respondent is

not practicing as a pharmacist for at least forty ( 40) hours as defmed by Business and

Professions Code section 4000 et seq Resumption of practice means any calendar

month during which respondent iS practicing as a pharmacist for at least forty ( 40)

hours as a pharmacist as defmed by Business and Professions Code section 4000 et

seq

15 Violation of Probation

If a respondent has not complied with any tem1 or condition ofprobation the board shall

have continuing jurisdiction over respondent and probation shall automatically be extended until

all terms and conditions have been satisfied or the board has talcen other action as deemed

appropriate to treat the failure to comply as a violation ofprobation to terminate probation and

to in1pose the penalty that was stayed

If respondent violates probation in any respect the board after giving respondent notice

and an opportunity to be heard may revoke probation and carry out the disciplinary order that

was stayed Notice and oppmtunity to be hea1middotd are not required for those provisions stating that a

violation thereofmay lead to automatic termination of the stay andor revocation ofthe license If

9

STIPULATED SETTLEMENT (3 60 I)

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

11

STIPULATED SEITLEMENT (3601)

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

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STIPULATED SEITLEMENT (3601)

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

14

STIPULATED SEITLEMENT (360 I)

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

15

STIPULATED SETILEMENT (360 I)

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

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STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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a petition to revoke probation or ari accusation is filed against respondent during probation the

board shall have continuing j11risdiction and the period of probation shall be automatically

extended until the petition to revoke probatin or accusation is heard and decided

16 Completion of Probation

Upon written notice by the board or its designee indicating successful completion of

probation respondents license will be folly restored

17 Mental Health Examination

Within thirty (30) days of the effective date of this decision and on a periodic basis as may

be required by the board or its designee respondent shall undergo at his own expense

psychiatric evaluation(s) by a board-appointed or board-approved licensed mental health

practitioner The approved evaluator shall be provided with a copy of the boards Accusation and

decision Respondent shall sign a release authorizing the evaluator to furnish the board with a

current diagnosis and a written report regarding the respondents judgment and ability to function

independently as a pharmacist with safety to the public Respondent shall comply with all the

recommendations of the evaluator if directed by the board or its designee

If the evaluator reconunends and the board or its designee directs respondent shall

undergo psychotherapy Within thirty (30) days of notification by the board that a

recommendation for psychotherapy has been accepted respondent shall submit to the board or its

designee for prior approval the name and qualification of a licensed mental health practitioner of

respondents choice Within thirty (30) days of approval thereof by the board respondent shall

submit documentation to the board demonstrating the commencement of psychotherapy with the

approved licensed mental health practitioner Should respondent for any reason cease treatment

with the approved licensed mental health practitioner respondent shall notify the board

immediately and within thirty (30) days of ceasing treatment therewith submit the name of a

replacement licensed mental health practitioner of respondents choice to the board for its prior

approval Within thuty (30) days of approval thereof respondent shall submit documentation to

the board demonstrating the commencement ofpsychotherapy with the approved replacement

10

STIPULATED SETTLEMENT (3601)

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

11

STIPULATED SEITLEMENT (3601)

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recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

13

STIPULATED SEITLEMENT (3601)

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involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

14

STIPULATED SEITLEMENT (360 I)

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circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

15

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

J

2

3

4

5

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I I

that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

bull jl

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

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Failure to comply with any requirement or deadline stated by this paragraph shall be considered a

violation of probation

Upon approval of the initial or any subsequent licensed mental health practitioner

respondent shall undergo and continue treatment with that therapist at respondents own expense

until the therapist recommends in writing to the board and the board orits designee agrees by

way of a written notification to respondent that no further psychotherapy is necessary Upon

receipt of such recommendation from the treating therapist and before determining whether to

accept or reject said recoiDlnendation theboard or its designee may require respondent to

undergo at respondents expense a mental health evaluation by a separate board-appointed or

board-approved evaluator If the approved evaluator recommends that respondent continue

psychotherapy the board or its designee may require respondent to continue psychotherapy

Psychotherapy shall be at least once a week unless otherwise approved by the board

Respondent shall provide the therapist with a copy of the boards Accusation and decision no

Jater than the first therapy session Respondent shall take all necessary steps to ensure that the

treating therapist submits written quarterly reports to the board concerning respondents fitness to

practice progress in treatment and bther such information as may be required by the board 01 its

designee

If at any time the approved evaluator or therapist determines that respondent is unable to

practice safely or independently as middota pharmacist the licensed mental health practitioner shall

notify the board irmnediately by telephone and follow up by written letter within three 3)

working days Upon notification from the board or its designee of this determination respondent

shall be automatically suspended and shall not reswne practice until notified by the board that

practice may be resumed

18 Pharmacists Recovery Program (PRP)

Within thirty (30) days of the effective date of this decision respondent shall contact the

Pharmacists Recovery Program (PRP) for evaluation and shall immediately thei-eafter enrol~

successfully participate in and complete the treatment contract and any subsequent addendums as

11

STIPULATED SEITLEMENT (3601)

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25

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3

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26

27

28 Ill

recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

13

STIPULATED SEITLEMENT (3601)

5

10

15

20

25

1

2

3

4

6

7

8

9

II

12

B

bullJ4

16

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28

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

14

STIPULATED SEITLEMENT (360 I)

i I I

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28

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

15

STIPULATED SETILEMENT (360 I)

5

10

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25

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

J

2

3

4

5

(i

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

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24

25

26

27

28

I I

that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

bull jl

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5

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

5

10

15

20

25

2

3

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7

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11

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16

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27

28 Ill

recommended and provided by the PRP and as approved by the board or its designee The costs

for PRP participation shall be bome by the respondent

If respondent is currently enrolled in the PRP said participation is now mandatory and as of

the effective date of this decision is no longer considered a self-referral under Business and

Professions Code section 4362(c)(2) Respondent shall successfully participate in and complete

his current contract and any subsequent addendums with the PRP

Failure to timely contact or enroll in the PRP or successfully participate in and complete

the treatment contract andor any addenditms shall be considered a violation ofprobation

Probation shall be automatically extended until respondent successfully completes the PRP

Any person terminated from the PRP program shall be automatically suspended by the board

Respondent may not resume the practice of pharmacy until notified by the board in writing

Any confirmed positive test for alcohol or for any drug not lawfully prescribed by a

licensed practitioner as part of a docrtmented medical treatment shall result in the automatic

suspension ofpractice by respondent and shall be considered a violation ofprobation

Respondent may not resume the practice of pharmacy until notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion of the

licensed prerrrlses of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

involving drug selection selectibn of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage ~dminister or be a consultant to any licensee ofthe

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

12 STIPULATED SETILEMENT (360 I)

5

10

15

20

25

2

3

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6

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8

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11

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Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

13

STIPULATED SEITLEMENT (3601)

5

10

15

20

25

1

2

3

4

6

7

8

9

II

12

B

bullJ4

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19

21

22

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28

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

14

STIPULATED SEITLEMENT (360 I)

i I I

I

I

I I I

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28

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

15

STIPULATED SETILEMENT (360 I)

5

10

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25

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

J

2

3

4

5

(i

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

I I

that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

bull jl

1

2

3

4

5

6

7

8

9

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12

13

14

lS

16

17

8

19

O

21

22

Z3

Z4

25

26

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

Respondent shall pay administrative fees as invoiced by the PRP or its designee Fees not

timely paid to the PRP shall constitute a violation for probation The board will collect unpaid

administrative fees as part of the annual probation monitoring costs ifnot submitted to the PRP

19 Random Drug Screening

Respondent at his own expense shall participate in random testing including but not

limited to biological fluid testing (urine blood) breathalyzer hair follicle testing or other drug

screening program as directed by the board or its designee Respondent may be required to

participate in testing for the entire probation period and the frequency of testing will be

determined by the board or its designee At all times respondent shall fully cooperate with the

board or its designee and shall when directed submit to such tests and samples for the detection

of alCohol narcotics hypnotics dangerous drugs or other controlled substances as the board or its

designee may direct Failure to timely submit to testing as directed shall be considered a violation

ofprobation Upon request of the board or its designee respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the resp6ndent Failure to timely provide such documentation

shall be considered a violation of probation Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation ofprobation and shall result in the automatic suspension of

practice ofpharmacy by respondent Respondent may not resume the practice ofphannacy until

notified by the board in writing

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal drug retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice pharmacy nor do any act

13

STIPULATED SEITLEMENT (3601)

5

10

15

20

25

1

2

3

4

6

7

8

9

II

12

B

bullJ4

16

17

18

19

21

22

23

24

26

27

28

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

14

STIPULATED SEITLEMENT (360 I)

i I I

I

I

I I I

1

2middot

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

15

STIPULATED SETILEMENT (360 I)

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28 t i

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

J

2

3

4

5

(i

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

I I

that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

bull jl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

lS

16

17

8

19

O

21

22

Z3

Z4

25

26

27

28

ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

5

10

15

20

25

1

2

3

4

6

7

8

9

II

12

B

bullJ4

16

17

18

19

21

22

23

24

26

27

28

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall respondent manage administer or be a consultant to any licensee of the

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment ofapharmacist Respondent shall not direct or control any aspect of the

practice ofpharmacy Respqndent shall not perfonn the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomes effective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation of probation

20 Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol controlled

substances dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment Upon

request of the board or its designee respondent shall provide documentation fiom (he licensed

practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent Failure to timely provide such documentation shall be considered a violation of probation Respondent shall ensure that he is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs Any possession or use of alcohol controlled substances or their associated paraphernalia

not supported by the documentation timely provided andor any physical proximity to persons

using illicit substances shall be considered a violation of probation

21 Prescription Coordination and Monitoring of Prescription Use

Within thirty (30) days of the effective date of this decision respondent shall submit to the

board for its prior approval the name and qualifications of a single physician nurse practitioner

physician assistant or psychiatrist of respondents choice who shall be aware of the facts andmiddot

14

STIPULATED SEITLEMENT (360 I)

i I I

I

I

I I I

1

2middot

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

15

STIPULATED SETILEMENT (360 I)

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28 t i

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

16

STIPULATED SEITLEMENT (3601)

J

2

3

4

5

(i

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

I I

that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

bull jl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

lS

16

17

8

19

O

21

22

Z3

Z4

25

26

27

28

ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

i I I

I

I

I I I

1

2middot

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

circumstances giving rise to Accusation 3601 and who will coordinate and monitor any

prescriptions for respondent for dangerous drugs controlled substances or mood-altering drugs

The approved practitioner shall be provided with a copy of the boards Accusation and decision

A record of this notification mtst be provided to the board upon request Respondent shall sign a

release authorizing the practitioner to communicate with the board about respondents

treatment(s) The coordinating physician nurse practitioner physician assistant or psychiatrist

shall report to the board on a quarterly basis for the duration of probation regarding respondents

compliance with this condition If any substances considered addictive have been prescribed the

report shall identify a program for the time limited use of any such substances The board may

require that the single coordinating physician nurse practitioner physician assistant or

psychiatrist be a specialist in addictive medicine or constJlt a specialist in addictive medicine

Should respondent for any reason cease supervision by the approved practitioner respondent

shall notify the board immediately and within thirty (30) days of ceasing treatment submit the

name of a replacement physician nurse practitioner physician assistant or psychiatrist of

respondents choice to the board or its designee for its prior approval Failure to timely submit

the selected practitioner or replacement practitioner to the board for approval or to ensure the

required reporting thereby on the quarterly reports shall be considered a violation ofprobation

If at any time an approved practitioner determines that respondent is unable to practice

safely or independently as a pharmacist the practitioner shall notify the board immediately by

telephone and follow up by written letter within three (3) working days Upon notification from

the board or its designee of this determination respondent shall be automatically suspended and

shall not resurrie practice until notified by the board that practice may be resumed

During suspension respondent shall not enter any pharmacy area or any portion ofthe

licensed premises of a wholesaler veterinary food-animal dmg retailer or any other distributor of

drugs which is licensed by the board or any manufacturer or where dangerous drugs and devices

or controlled substances are maintained Respondent shall not practice phannacy nor do any act

involving drug selection selection of stock manufacturing compounding dispensing or patient

consultation nor shall responctent manage administer or be a consultant to any licensee of the

15

STIPULATED SETILEMENT (360 I)

5

10

15

20

25

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28 t i

board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

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STIPULATED SETTLEMENT (3601)

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r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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board or have access to or control the ordering manufacturing or dispensing of dangerous drugs

and controlled substances Respondent shall not resume practice until notified by the board

During suspension respondent shall not engage in any activity that requires the

professional judgment of a pharmacist Respondent shall not direct or control any aspect of the

practice of pharmacy Respondent shall not perform the duties of a pharmacy technician or a

designated representative for any entity licensed by the board

Subject to the above restrictions respondent may continue to own or hold an interest in any

licensed premises in which he holds an interest at the time this decision becomeseffective unless

otherwise specified in this order

Failure to comply with this suspension shall be considered a violation ofprobation

22 Community Services Program

Within sixty (60) days of the effective date of this decision respondent shall submit to the

board or its designee for prior approval a community service program in which respondent shall

provide free health-care related services on a regular basis to a community or charitable facility or

agency for at least sixty (60) hours per year for the first three (3) years ofprobation Within thirty

(30) days of board approval thereof respondent shall submit documentation to the board

demonstrating commencement of the commtmity service program A record of this notification

must be provided to the board upon request Respondent shall report on progress with the

community service program in the quarterly reports Failure to timely submit commence or

comply with the program shall be considered a violation of probation

23 No New Ownership of Licensed Premises

Respondent shaH not acquire any new ownership legal or beneficial interest nor serve as a

manager administrator member officer director trustee associate or partner of any additional

business firm partnership or corporation licensed by the board If respondent currently owns or

has any legal or beneficial interest in or serves as a manager administrator member officer

director trustee associate or partner of any business firm partnership or corporation currently

or hereinafter licensed by the board respondent maymiddotcontinue to serve in such capacity or hold

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

17

STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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that interest but only to the extent of that position or interest as ofthe effective date of this

decision Violation of this restriction shall be considered a violation ofprobation

24 Tolling of Suspension During the period of suspension respondent shall not leave California for any period

exceeding ten (10) days regardless of purpose (including vacation) Any such absence in excess

of the (10) days during suspension shall be considered a violation of probation Moreover any

absence from California during the period of suspension exceeding ten (I 0) days shall toll the

suspension ie the suspension shall be extended by one day for each day over ten (10) days

respondent is absent from California During any such period of tolling of suspension

respondent must nonetheless comply with all terms and conditions of probation

middot Respondent must notify the board in writing within ten (1 0) days of departure and must

further notify the board in writing within ten (10) days of return The failure to provide such

notification(s) shall constitute a violation of probation Upon such departure and return

responden~ shall not resume the practice ofphannacy until notified by the board that the period of

suspension has been satisfactorily completed

25 Ethics Course

Within sixty (60) calendar days of the effective date of this decision respondent shall enroll

in a course in ethics at respondents expense approved in advance by the board or its designee

Failure to initiate the course during the first year of probation and complete it within the second

year ofprobation is a violation of probation

Respondent shall submit a certificate of completion to the board or its designee within five

days after completing the course

Ill

Ill

Ill

Ill

Ill

Ill

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STIPULATED SETTLEMENT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

18

~TIPLiLATED ~EITLEMllNT (3601)

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ACCEPANCE

r have carefully read the above Stipulated Settlement Uld Disciplinary Order llld have fully

discuOBed it with my attorney fleybert L W~inberg I uuder~tllld the stipulation and the effect it

will have on my Pharmac~ Lic611Se I enter into this Stipilated Sttlemextt and Disciplinary

Order voluntarily knowingly and intelligently and ~gxee to be bDJlnd by the Decision and Order

ofthe Board ofPbarmacy

DATED ~~4 -have read and fully discussed with Respondent SOJj So liZ Markarltul the tenna and

conditions and othlll matters contained in the above Sti~

I bullJyenoie its fotm and content shy

DATED yen2-flt y---middot f1

ENDORSEMENT

Tbe foregoing Stipitlated Settlement and Disciplinary Order is hereby respectfully

submitted fur consider~tlol by the Board ofPharmacy ofthe Departmelt of ConSirner Affairs

Dated Respectfully ~ubmtted

KAlIALA D HiRRI~ Attorney General ofCalifornia KNlEN B CJJJ11riLLB Supmising Deputy Attorney General

WILLTIM D GARDNER Deputy Attorney General Attorney~ for Complatnant

LA20)0600173 60733410-doc

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ACCEPTANCE

I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

discussed it with my attorney Herbert L Weinberg I understand the stipulation and the effect it

will have on my Pharmacist License I enter into this Stipulated Settlement and Disciplinary

Order voluntarily knowingly and intelligently and agree to be bound by the Decision and Order

of the Board of Pharmacy

DATED SERJ SOUKAZ MARKARIAN Respondent

I have read and fully discussed with Respondent Serj Soukaz Markarian the terms and

conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order

I approve its form and content

DATED Herbert L Weinberg Attorney for Respondent

ENDORSEMENT

The foregoing Stipulated Settlement ijnd Disciplinary Order is hereby respectfully

submitted for consideration by the Board of Pharmacy of the Department of Consumer Affairs

Respectfully subrnitted

KAMALA D HARRIS Attorney General of California KAREN B CHAPPELLE Supervising Deputy Attorney General

A~amp~WILLIAM D GARDNER Deputy Attorney General Attorneys for Complainant

LA20 10600173 607334IOdoc

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KAMALA D HARRis Attorney General of California MARC D GREENBAUM Supervising Deputy Attorney General KIMBERLEY J BAKERmiddotGUJLLEMET Deputy Attorney General State Bar No 242920

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2533 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Gleneaks Blvd Burbanl CA 91504 middot Pharmacist License No RPH 54284

Respondent middot

Case No 3601

ACCUSATION

Complainant alleges

PARTIES

1 Virginia K Herold (Complainant) brings this Accusation solely in her official

capacity as the Executive Officer of the California State Board ofPhannacy

2 On or about March 20 2003 the Board ofPhannacy issued Phannacist License

Number RPH 54284 to Selj Soulcaz Markarian (Respondent) The Pharmacist License was in full

force and effect at all times relevant to the charges brought herein and will expire on September

30 2012 unless renewed

Ill

Ill

II

II

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Accusation

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JlJRJSDICTION

3 This Accusation is brought before the Board ofPharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

STATUTORY PROVISIONS

4 Section 118 subdivision (b) of the Code provides that the suSpension expiration

surrender or cancellation of~ license shall not deprive the BoardRegistrarDirector of Jurisdiction

to proceed with a disciplinary action during the period within which the license may be renewed

restored reissued orreinstated

5 Section 490 ofthe Code provides in pertinent part that a board may suspend or

revoke a license on the ground that the licensee hasbeen convicted of a crime substantially

related to the qualifications functions or duties ofthe business or profession for which the

license was issued

6 Section 4022ofthe Code states

Dangerous drug or dangerous device mean~ any drug or device unsafe for self-use in

humans or animals and includes the following

(a) Any drug that bears the legend Caution federal law prohibits dispensing without

prescription Rx only middotor words ofsimilar importmiddot

(b) Any device that bears the statement Caution federal law restricts this device to sale

by or on theorder of a_ Rx only or words ofsimilar import the blank to be filled in with

the designation of the practitioner licensed to use or order use of the device

(c) Any other drug or device that by federal or state law oan be lawfully dispensed only

on prescription or furnished pursuant to Section 4006

7 Section 4060 of the Code states

No person shall possess any controlled substance except that furnished to a person upon

the prescription of a physiciao dentist podiatrist optometrist veterinarian or naturopathic doctor

pursuant to Section 36407or furnished pursuaot to a drug order issued by a certified

nurse-midwife pursuant to Section 274651 a nurse practitioner pursuant to Section 28361 or a

2 Accusation

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middot

physician assistant pursuant to Section 35021 or naturopathic doctor pursuant to Section 36405

or a pharmacist pursuant to either subparagraph (D) ofparagraph ( 4) of or clause (iv) of

~ubparagraph (A) ofparagraph (5)of subdivision (a) of Section 4052 This section shall not

apply to the possession of any controlled substance by a manufacturer wholesaler pharmacy

pharmacist physician podiatrist dentist optomampri~t vamperinarian naturopathic doctor certified

nurse-midwife nurse practitioner or physician assistant when in stock in containers correctly

labeled with the name and address ofthe supplier or producer

Nothing in this section authorizes a certified nurse-midwife anurse practitioner a

physician assistant or a naturopathic doctor to order his o~ her own stock of dangerous drugs

and devices

8 Section 4301 of the Code states

The board shall take action against any hold~r of a license who is guilty of unprofessional

conduct or whose license has been procured by fraud or misrepresentation or issued by mistake

Unprofessional conduct shall include but is not limited to any of the following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit or

corruption whether the act is committed in the course of relations as a licensee or otherwise an~

whether the act is a felony or misdemeanor or not

() The conviction of a crime substantially related to the qualifications functions and

duties of a licensee under this chapter The record of conviction of a violation of Chapter 13

(commencing with Section 801) of Title 21 of the United States Code regulating controlled

substances or of a violation of the statutes ofthisstate regulating controlled substances or

dangerous drugs shall be conclusive evidence of unprofessional conduct In all other cases the

record of conviction shall be conclusive evidence only of the fact that the conviction occurred

The board may inquire into the circumstances surrounding the commission ofthe crime in order

to fix the degree of discipline or in the case of a conviction not involving controlled substances

or dangerous drugs to detennine if the conviction is of an offense substantially related to the

3 Accusation

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qualifications functions and duties of a licensee under this chapter A plea or verdict of guilty or

a conviction following a plea ofnolo contendere is ltleemed to be a conviction within the meaning

of this provision The board may take action when the time for appeal has elapsed or the

judgment ofconviction has been affirmed on appeal or when an order granting probation is made

suspending the imposition of sentence irrespective of a subs~quent order under Section 12034 of

the Penal Code allowing the person to withdrawhis or her plea of guilty and to enter a plea of not

guilty or setting aside the verdict of guilty or dismissing the accusation information or

indictment

REGULATORY PROVISIONS

9 California Code ofRegulations title 16 section 1770 states

For the purpose of denial suspension or revocation of a personal or facility license

pursuant to Division 15 (commencing with Section 475) of the Business and Professions Code a

crime or act shall be considered substantially related to the qualifications functions or duties of a

licensee or registrant if to a substantial degree it evidences present or potential unfitness of a

licensee or registrant to perform the functions authorized by his license or registration in a manner

consistent with the public health safety or welfare

COST RECOVERY

10 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs ofthe investigation and

enforcement ofthe case

DRUGS

11 Pregabalin also known by the brand name Lyrica is a Schedule V non-narcotic

controlled substance under Health and Safety Code section 11058 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

12 Eszopiclone also known by the brand name Lunesta is a Schedule lY non-narcotic

controlled substance under Health and Safety Code section 11057 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

4 Accusation

Amiddot-

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13 Tadalafil also known by the brand name Cialis is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

14 CelecoKib also known by the brand name Celebrex is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

FIRST CAUSE FOR DISCIPLINE

(Substantially Related Convictions)

15 Respondent is subject to disciplinary action under sections 490 and 4301 subdivision

()ofthe Code in conjunction with California Code of Regulation title 16 section 1770 in that

Respondent was convicted of a crime substantially related to the qualifications functions or

duties of a icensedpharmacist Specifically on or about September 2 2008 after pleading nolo

contendere Respondent was convicted of one misdemeanor count of violating Penal Cotle

Section 6025(B) [entering dwelling without consent] in the criminal proceeding entitled The middot

People ofthe State ofCalifornia v Serj Soukaz Markarian (Super Ct Los Angeles County 2008

No 7PY07737) Respondent was placed on probation for 36 months and was ordered to pay a

fine

16 The circumstances are that on or about August 17 2007 while working as a

pharmacist atmiddotCVS Pharmacy Respondent was observed concealing the following

pharmaceuticals in his bag Cialis 20 mg Lyrica 50 mg Lunesta 3mg and Celebrex 100 mg A

CVS store manager waited for Respondent to exit the store at closing time and contacted him in

the parking lot The store manager checked Respondents bags and located five (s) bottles of

pharmaceuticals that had been taken from the pharmacy without permission and had not been

paid for nor prescribed to Respondent

SECOND CAUSE FOR DISCIPLINE

(Unprofessional Conduct Dishonest Act)

17 Respondent is subject to disciplinary action under section 4301 subdivision (f) ofthe

Code in that he committed an act involving moral turpitude dishonesty fraud deceit or

corruption Complainant refers to and by this reference incorporates the allegations set forth in

paragraphs 15 and 16 as though set fort~ fully

5

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Accusation

(7 -fi

THIRD CAUSE FOR DISCJPLINE

(Possession of Controlled Substance Without a Prescription)

18 Respondent is subject to disciplinary action under section 4060 of the Code in that be

possessed controlled substances that were not furnished to him upon prescription of a physician

Complalnant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

FOURTH CAUSE FORDISCJPLINE

(AdministerFurnish Controlled Substance to Self)

19 Respondent is subject to disciplinary action under section 11170 of the Health and

Safety Code in that he prescribed administered or furnished a controlled substance to himseif

Complaifant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

PRAYER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

1 Revoking or suspending Pharmacist License Number RPH 54284 issued to SeJj

Soukaz Markarian

2 Ordering Serj Soukaz Markarian to pay theBoard ofPharmacy the reasonable costs

of the investigation and enforcement ofthis case pursuant to Business and Professions Code

section 1253

3 Taldng such other and further action as deemed necessary and proper

DATED KHEROLD

-Cbltf_hCGI-Ll___I I

middot xec ive Officer Ca ifomia State Board of Pharmacy State of California Complainant

LA2010600173 60622416doc

6 Accusation

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KAMALA D HARRis Attorney General of California MARC D GREENBAUM Supervising Deputy Attorney General KIMBERLEY J BAKERmiddotGUJLLEMET Deputy Attorney General State Bar No 242920

300 So Spring Street Suite 1702 Los Angeles CA 90013 Telephone (213) 897-2533 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SERJ SOUKAZ MARKARIAN 7766 N Gleneaks Blvd Burbanl CA 91504 middot Pharmacist License No RPH 54284

Respondent middot

Case No 3601

ACCUSATION

Complainant alleges

PARTIES

1 Virginia K Herold (Complainant) brings this Accusation solely in her official

capacity as the Executive Officer of the California State Board ofPhannacy

2 On or about March 20 2003 the Board ofPhannacy issued Phannacist License

Number RPH 54284 to Selj Soulcaz Markarian (Respondent) The Pharmacist License was in full

force and effect at all times relevant to the charges brought herein and will expire on September

30 2012 unless renewed

Ill

Ill

II

II

1

Accusation

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JlJRJSDICTION

3 This Accusation is brought before the Board ofPharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

STATUTORY PROVISIONS

4 Section 118 subdivision (b) of the Code provides that the suSpension expiration

surrender or cancellation of~ license shall not deprive the BoardRegistrarDirector of Jurisdiction

to proceed with a disciplinary action during the period within which the license may be renewed

restored reissued orreinstated

5 Section 490 ofthe Code provides in pertinent part that a board may suspend or

revoke a license on the ground that the licensee hasbeen convicted of a crime substantially

related to the qualifications functions or duties ofthe business or profession for which the

license was issued

6 Section 4022ofthe Code states

Dangerous drug or dangerous device mean~ any drug or device unsafe for self-use in

humans or animals and includes the following

(a) Any drug that bears the legend Caution federal law prohibits dispensing without

prescription Rx only middotor words ofsimilar importmiddot

(b) Any device that bears the statement Caution federal law restricts this device to sale

by or on theorder of a_ Rx only or words ofsimilar import the blank to be filled in with

the designation of the practitioner licensed to use or order use of the device

(c) Any other drug or device that by federal or state law oan be lawfully dispensed only

on prescription or furnished pursuant to Section 4006

7 Section 4060 of the Code states

No person shall possess any controlled substance except that furnished to a person upon

the prescription of a physiciao dentist podiatrist optometrist veterinarian or naturopathic doctor

pursuant to Section 36407or furnished pursuaot to a drug order issued by a certified

nurse-midwife pursuant to Section 274651 a nurse practitioner pursuant to Section 28361 or a

2 Accusation

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

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23

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25

26

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28

middot

physician assistant pursuant to Section 35021 or naturopathic doctor pursuant to Section 36405

or a pharmacist pursuant to either subparagraph (D) ofparagraph ( 4) of or clause (iv) of

~ubparagraph (A) ofparagraph (5)of subdivision (a) of Section 4052 This section shall not

apply to the possession of any controlled substance by a manufacturer wholesaler pharmacy

pharmacist physician podiatrist dentist optomampri~t vamperinarian naturopathic doctor certified

nurse-midwife nurse practitioner or physician assistant when in stock in containers correctly

labeled with the name and address ofthe supplier or producer

Nothing in this section authorizes a certified nurse-midwife anurse practitioner a

physician assistant or a naturopathic doctor to order his o~ her own stock of dangerous drugs

and devices

8 Section 4301 of the Code states

The board shall take action against any hold~r of a license who is guilty of unprofessional

conduct or whose license has been procured by fraud or misrepresentation or issued by mistake

Unprofessional conduct shall include but is not limited to any of the following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit or

corruption whether the act is committed in the course of relations as a licensee or otherwise an~

whether the act is a felony or misdemeanor or not

() The conviction of a crime substantially related to the qualifications functions and

duties of a licensee under this chapter The record of conviction of a violation of Chapter 13

(commencing with Section 801) of Title 21 of the United States Code regulating controlled

substances or of a violation of the statutes ofthisstate regulating controlled substances or

dangerous drugs shall be conclusive evidence of unprofessional conduct In all other cases the

record of conviction shall be conclusive evidence only of the fact that the conviction occurred

The board may inquire into the circumstances surrounding the commission ofthe crime in order

to fix the degree of discipline or in the case of a conviction not involving controlled substances

or dangerous drugs to detennine if the conviction is of an offense substantially related to the

3 Accusation

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10

15

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25

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2

3

4

6

7

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qualifications functions and duties of a licensee under this chapter A plea or verdict of guilty or

a conviction following a plea ofnolo contendere is ltleemed to be a conviction within the meaning

of this provision The board may take action when the time for appeal has elapsed or the

judgment ofconviction has been affirmed on appeal or when an order granting probation is made

suspending the imposition of sentence irrespective of a subs~quent order under Section 12034 of

the Penal Code allowing the person to withdrawhis or her plea of guilty and to enter a plea of not

guilty or setting aside the verdict of guilty or dismissing the accusation information or

indictment

REGULATORY PROVISIONS

9 California Code ofRegulations title 16 section 1770 states

For the purpose of denial suspension or revocation of a personal or facility license

pursuant to Division 15 (commencing with Section 475) of the Business and Professions Code a

crime or act shall be considered substantially related to the qualifications functions or duties of a

licensee or registrant if to a substantial degree it evidences present or potential unfitness of a

licensee or registrant to perform the functions authorized by his license or registration in a manner

consistent with the public health safety or welfare

COST RECOVERY

10 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs ofthe investigation and

enforcement ofthe case

DRUGS

11 Pregabalin also known by the brand name Lyrica is a Schedule V non-narcotic

controlled substance under Health and Safety Code section 11058 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

12 Eszopiclone also known by the brand name Lunesta is a Schedule lY non-narcotic

controlled substance under Health and Safety Code section 11057 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

4 Accusation

Amiddot-

1

2

3

4

5

6

7

8

9

10

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

13 Tadalafil also known by the brand name Cialis is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

14 CelecoKib also known by the brand name Celebrex is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

FIRST CAUSE FOR DISCIPLINE

(Substantially Related Convictions)

15 Respondent is subject to disciplinary action under sections 490 and 4301 subdivision

()ofthe Code in conjunction with California Code of Regulation title 16 section 1770 in that

Respondent was convicted of a crime substantially related to the qualifications functions or

duties of a icensedpharmacist Specifically on or about September 2 2008 after pleading nolo

contendere Respondent was convicted of one misdemeanor count of violating Penal Cotle

Section 6025(B) [entering dwelling without consent] in the criminal proceeding entitled The middot

People ofthe State ofCalifornia v Serj Soukaz Markarian (Super Ct Los Angeles County 2008

No 7PY07737) Respondent was placed on probation for 36 months and was ordered to pay a

fine

16 The circumstances are that on or about August 17 2007 while working as a

pharmacist atmiddotCVS Pharmacy Respondent was observed concealing the following

pharmaceuticals in his bag Cialis 20 mg Lyrica 50 mg Lunesta 3mg and Celebrex 100 mg A

CVS store manager waited for Respondent to exit the store at closing time and contacted him in

the parking lot The store manager checked Respondents bags and located five (s) bottles of

pharmaceuticals that had been taken from the pharmacy without permission and had not been

paid for nor prescribed to Respondent

SECOND CAUSE FOR DISCIPLINE

(Unprofessional Conduct Dishonest Act)

17 Respondent is subject to disciplinary action under section 4301 subdivision (f) ofthe

Code in that he committed an act involving moral turpitude dishonesty fraud deceit or

corruption Complainant refers to and by this reference incorporates the allegations set forth in

paragraphs 15 and 16 as though set fort~ fully

5

r

j

I

Accusation

(7 -fi

THIRD CAUSE FOR DISCJPLINE

(Possession of Controlled Substance Without a Prescription)

18 Respondent is subject to disciplinary action under section 4060 of the Code in that be

possessed controlled substances that were not furnished to him upon prescription of a physician

Complalnant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

FOURTH CAUSE FORDISCJPLINE

(AdministerFurnish Controlled Substance to Self)

19 Respondent is subject to disciplinary action under section 11170 of the Health and

Safety Code in that he prescribed administered or furnished a controlled substance to himseif

Complaifant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

PRAYER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

1 Revoking or suspending Pharmacist License Number RPH 54284 issued to SeJj

Soukaz Markarian

2 Ordering Serj Soukaz Markarian to pay theBoard ofPharmacy the reasonable costs

of the investigation and enforcement ofthis case pursuant to Business and Professions Code

section 1253

3 Taldng such other and further action as deemed necessary and proper

DATED KHEROLD

-Cbltf_hCGI-Ll___I I

middot xec ive Officer Ca ifomia State Board of Pharmacy State of California Complainant

LA2010600173 60622416doc

6 Accusation

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28

JlJRJSDICTION

3 This Accusation is brought before the Board ofPharmacy (Board) under the

authority of the following laws All section references are to the Business and Professions Code

unless otherwise indicated

STATUTORY PROVISIONS

4 Section 118 subdivision (b) of the Code provides that the suSpension expiration

surrender or cancellation of~ license shall not deprive the BoardRegistrarDirector of Jurisdiction

to proceed with a disciplinary action during the period within which the license may be renewed

restored reissued orreinstated

5 Section 490 ofthe Code provides in pertinent part that a board may suspend or

revoke a license on the ground that the licensee hasbeen convicted of a crime substantially

related to the qualifications functions or duties ofthe business or profession for which the

license was issued

6 Section 4022ofthe Code states

Dangerous drug or dangerous device mean~ any drug or device unsafe for self-use in

humans or animals and includes the following

(a) Any drug that bears the legend Caution federal law prohibits dispensing without

prescription Rx only middotor words ofsimilar importmiddot

(b) Any device that bears the statement Caution federal law restricts this device to sale

by or on theorder of a_ Rx only or words ofsimilar import the blank to be filled in with

the designation of the practitioner licensed to use or order use of the device

(c) Any other drug or device that by federal or state law oan be lawfully dispensed only

on prescription or furnished pursuant to Section 4006

7 Section 4060 of the Code states

No person shall possess any controlled substance except that furnished to a person upon

the prescription of a physiciao dentist podiatrist optometrist veterinarian or naturopathic doctor

pursuant to Section 36407or furnished pursuaot to a drug order issued by a certified

nurse-midwife pursuant to Section 274651 a nurse practitioner pursuant to Section 28361 or a

2 Accusation

1

2

3

4

5

6

7

8

9

10

11

12

13

14

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16

17

18

19

20

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25

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middot

physician assistant pursuant to Section 35021 or naturopathic doctor pursuant to Section 36405

or a pharmacist pursuant to either subparagraph (D) ofparagraph ( 4) of or clause (iv) of

~ubparagraph (A) ofparagraph (5)of subdivision (a) of Section 4052 This section shall not

apply to the possession of any controlled substance by a manufacturer wholesaler pharmacy

pharmacist physician podiatrist dentist optomampri~t vamperinarian naturopathic doctor certified

nurse-midwife nurse practitioner or physician assistant when in stock in containers correctly

labeled with the name and address ofthe supplier or producer

Nothing in this section authorizes a certified nurse-midwife anurse practitioner a

physician assistant or a naturopathic doctor to order his o~ her own stock of dangerous drugs

and devices

8 Section 4301 of the Code states

The board shall take action against any hold~r of a license who is guilty of unprofessional

conduct or whose license has been procured by fraud or misrepresentation or issued by mistake

Unprofessional conduct shall include but is not limited to any of the following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit or

corruption whether the act is committed in the course of relations as a licensee or otherwise an~

whether the act is a felony or misdemeanor or not

() The conviction of a crime substantially related to the qualifications functions and

duties of a licensee under this chapter The record of conviction of a violation of Chapter 13

(commencing with Section 801) of Title 21 of the United States Code regulating controlled

substances or of a violation of the statutes ofthisstate regulating controlled substances or

dangerous drugs shall be conclusive evidence of unprofessional conduct In all other cases the

record of conviction shall be conclusive evidence only of the fact that the conviction occurred

The board may inquire into the circumstances surrounding the commission ofthe crime in order

to fix the degree of discipline or in the case of a conviction not involving controlled substances

or dangerous drugs to detennine if the conviction is of an offense substantially related to the

3 Accusation

5

10

15

20

25

1

2

3

4

6

7

8

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qualifications functions and duties of a licensee under this chapter A plea or verdict of guilty or

a conviction following a plea ofnolo contendere is ltleemed to be a conviction within the meaning

of this provision The board may take action when the time for appeal has elapsed or the

judgment ofconviction has been affirmed on appeal or when an order granting probation is made

suspending the imposition of sentence irrespective of a subs~quent order under Section 12034 of

the Penal Code allowing the person to withdrawhis or her plea of guilty and to enter a plea of not

guilty or setting aside the verdict of guilty or dismissing the accusation information or

indictment

REGULATORY PROVISIONS

9 California Code ofRegulations title 16 section 1770 states

For the purpose of denial suspension or revocation of a personal or facility license

pursuant to Division 15 (commencing with Section 475) of the Business and Professions Code a

crime or act shall be considered substantially related to the qualifications functions or duties of a

licensee or registrant if to a substantial degree it evidences present or potential unfitness of a

licensee or registrant to perform the functions authorized by his license or registration in a manner

consistent with the public health safety or welfare

COST RECOVERY

10 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs ofthe investigation and

enforcement ofthe case

DRUGS

11 Pregabalin also known by the brand name Lyrica is a Schedule V non-narcotic

controlled substance under Health and Safety Code section 11058 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

12 Eszopiclone also known by the brand name Lunesta is a Schedule lY non-narcotic

controlled substance under Health and Safety Code section 11057 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

4 Accusation

Amiddot-

1

2

3

4

5

6

7

8

9

10

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

13 Tadalafil also known by the brand name Cialis is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

14 CelecoKib also known by the brand name Celebrex is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

FIRST CAUSE FOR DISCIPLINE

(Substantially Related Convictions)

15 Respondent is subject to disciplinary action under sections 490 and 4301 subdivision

()ofthe Code in conjunction with California Code of Regulation title 16 section 1770 in that

Respondent was convicted of a crime substantially related to the qualifications functions or

duties of a icensedpharmacist Specifically on or about September 2 2008 after pleading nolo

contendere Respondent was convicted of one misdemeanor count of violating Penal Cotle

Section 6025(B) [entering dwelling without consent] in the criminal proceeding entitled The middot

People ofthe State ofCalifornia v Serj Soukaz Markarian (Super Ct Los Angeles County 2008

No 7PY07737) Respondent was placed on probation for 36 months and was ordered to pay a

fine

16 The circumstances are that on or about August 17 2007 while working as a

pharmacist atmiddotCVS Pharmacy Respondent was observed concealing the following

pharmaceuticals in his bag Cialis 20 mg Lyrica 50 mg Lunesta 3mg and Celebrex 100 mg A

CVS store manager waited for Respondent to exit the store at closing time and contacted him in

the parking lot The store manager checked Respondents bags and located five (s) bottles of

pharmaceuticals that had been taken from the pharmacy without permission and had not been

paid for nor prescribed to Respondent

SECOND CAUSE FOR DISCIPLINE

(Unprofessional Conduct Dishonest Act)

17 Respondent is subject to disciplinary action under section 4301 subdivision (f) ofthe

Code in that he committed an act involving moral turpitude dishonesty fraud deceit or

corruption Complainant refers to and by this reference incorporates the allegations set forth in

paragraphs 15 and 16 as though set fort~ fully

5

r

j

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Accusation

(7 -fi

THIRD CAUSE FOR DISCJPLINE

(Possession of Controlled Substance Without a Prescription)

18 Respondent is subject to disciplinary action under section 4060 of the Code in that be

possessed controlled substances that were not furnished to him upon prescription of a physician

Complalnant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

FOURTH CAUSE FORDISCJPLINE

(AdministerFurnish Controlled Substance to Self)

19 Respondent is subject to disciplinary action under section 11170 of the Health and

Safety Code in that he prescribed administered or furnished a controlled substance to himseif

Complaifant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

PRAYER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

1 Revoking or suspending Pharmacist License Number RPH 54284 issued to SeJj

Soukaz Markarian

2 Ordering Serj Soukaz Markarian to pay theBoard ofPharmacy the reasonable costs

of the investigation and enforcement ofthis case pursuant to Business and Professions Code

section 1253

3 Taldng such other and further action as deemed necessary and proper

DATED KHEROLD

-Cbltf_hCGI-Ll___I I

middot xec ive Officer Ca ifomia State Board of Pharmacy State of California Complainant

LA2010600173 60622416doc

6 Accusation

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middot

physician assistant pursuant to Section 35021 or naturopathic doctor pursuant to Section 36405

or a pharmacist pursuant to either subparagraph (D) ofparagraph ( 4) of or clause (iv) of

~ubparagraph (A) ofparagraph (5)of subdivision (a) of Section 4052 This section shall not

apply to the possession of any controlled substance by a manufacturer wholesaler pharmacy

pharmacist physician podiatrist dentist optomampri~t vamperinarian naturopathic doctor certified

nurse-midwife nurse practitioner or physician assistant when in stock in containers correctly

labeled with the name and address ofthe supplier or producer

Nothing in this section authorizes a certified nurse-midwife anurse practitioner a

physician assistant or a naturopathic doctor to order his o~ her own stock of dangerous drugs

and devices

8 Section 4301 of the Code states

The board shall take action against any hold~r of a license who is guilty of unprofessional

conduct or whose license has been procured by fraud or misrepresentation or issued by mistake

Unprofessional conduct shall include but is not limited to any of the following

(f) The commission of any act involving moral turpitude dishonesty fraud deceit or

corruption whether the act is committed in the course of relations as a licensee or otherwise an~

whether the act is a felony or misdemeanor or not

() The conviction of a crime substantially related to the qualifications functions and

duties of a licensee under this chapter The record of conviction of a violation of Chapter 13

(commencing with Section 801) of Title 21 of the United States Code regulating controlled

substances or of a violation of the statutes ofthisstate regulating controlled substances or

dangerous drugs shall be conclusive evidence of unprofessional conduct In all other cases the

record of conviction shall be conclusive evidence only of the fact that the conviction occurred

The board may inquire into the circumstances surrounding the commission ofthe crime in order

to fix the degree of discipline or in the case of a conviction not involving controlled substances

or dangerous drugs to detennine if the conviction is of an offense substantially related to the

3 Accusation

5

10

15

20

25

1

2

3

4

6

7

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qualifications functions and duties of a licensee under this chapter A plea or verdict of guilty or

a conviction following a plea ofnolo contendere is ltleemed to be a conviction within the meaning

of this provision The board may take action when the time for appeal has elapsed or the

judgment ofconviction has been affirmed on appeal or when an order granting probation is made

suspending the imposition of sentence irrespective of a subs~quent order under Section 12034 of

the Penal Code allowing the person to withdrawhis or her plea of guilty and to enter a plea of not

guilty or setting aside the verdict of guilty or dismissing the accusation information or

indictment

REGULATORY PROVISIONS

9 California Code ofRegulations title 16 section 1770 states

For the purpose of denial suspension or revocation of a personal or facility license

pursuant to Division 15 (commencing with Section 475) of the Business and Professions Code a

crime or act shall be considered substantially related to the qualifications functions or duties of a

licensee or registrant if to a substantial degree it evidences present or potential unfitness of a

licensee or registrant to perform the functions authorized by his license or registration in a manner

consistent with the public health safety or welfare

COST RECOVERY

10 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs ofthe investigation and

enforcement ofthe case

DRUGS

11 Pregabalin also known by the brand name Lyrica is a Schedule V non-narcotic

controlled substance under Health and Safety Code section 11058 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

12 Eszopiclone also known by the brand name Lunesta is a Schedule lY non-narcotic

controlled substance under Health and Safety Code section 11057 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

4 Accusation

Amiddot-

1

2

3

4

5

6

7

8

9

10

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

13 Tadalafil also known by the brand name Cialis is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

14 CelecoKib also known by the brand name Celebrex is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

FIRST CAUSE FOR DISCIPLINE

(Substantially Related Convictions)

15 Respondent is subject to disciplinary action under sections 490 and 4301 subdivision

()ofthe Code in conjunction with California Code of Regulation title 16 section 1770 in that

Respondent was convicted of a crime substantially related to the qualifications functions or

duties of a icensedpharmacist Specifically on or about September 2 2008 after pleading nolo

contendere Respondent was convicted of one misdemeanor count of violating Penal Cotle

Section 6025(B) [entering dwelling without consent] in the criminal proceeding entitled The middot

People ofthe State ofCalifornia v Serj Soukaz Markarian (Super Ct Los Angeles County 2008

No 7PY07737) Respondent was placed on probation for 36 months and was ordered to pay a

fine

16 The circumstances are that on or about August 17 2007 while working as a

pharmacist atmiddotCVS Pharmacy Respondent was observed concealing the following

pharmaceuticals in his bag Cialis 20 mg Lyrica 50 mg Lunesta 3mg and Celebrex 100 mg A

CVS store manager waited for Respondent to exit the store at closing time and contacted him in

the parking lot The store manager checked Respondents bags and located five (s) bottles of

pharmaceuticals that had been taken from the pharmacy without permission and had not been

paid for nor prescribed to Respondent

SECOND CAUSE FOR DISCIPLINE

(Unprofessional Conduct Dishonest Act)

17 Respondent is subject to disciplinary action under section 4301 subdivision (f) ofthe

Code in that he committed an act involving moral turpitude dishonesty fraud deceit or

corruption Complainant refers to and by this reference incorporates the allegations set forth in

paragraphs 15 and 16 as though set fort~ fully

5

r

j

I

Accusation

(7 -fi

THIRD CAUSE FOR DISCJPLINE

(Possession of Controlled Substance Without a Prescription)

18 Respondent is subject to disciplinary action under section 4060 of the Code in that be

possessed controlled substances that were not furnished to him upon prescription of a physician

Complalnant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

FOURTH CAUSE FORDISCJPLINE

(AdministerFurnish Controlled Substance to Self)

19 Respondent is subject to disciplinary action under section 11170 of the Health and

Safety Code in that he prescribed administered or furnished a controlled substance to himseif

Complaifant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

PRAYER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

1 Revoking or suspending Pharmacist License Number RPH 54284 issued to SeJj

Soukaz Markarian

2 Ordering Serj Soukaz Markarian to pay theBoard ofPharmacy the reasonable costs

of the investigation and enforcement ofthis case pursuant to Business and Professions Code

section 1253

3 Taldng such other and further action as deemed necessary and proper

DATED KHEROLD

-Cbltf_hCGI-Ll___I I

middot xec ive Officer Ca ifomia State Board of Pharmacy State of California Complainant

LA2010600173 60622416doc

6 Accusation

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25

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qualifications functions and duties of a licensee under this chapter A plea or verdict of guilty or

a conviction following a plea ofnolo contendere is ltleemed to be a conviction within the meaning

of this provision The board may take action when the time for appeal has elapsed or the

judgment ofconviction has been affirmed on appeal or when an order granting probation is made

suspending the imposition of sentence irrespective of a subs~quent order under Section 12034 of

the Penal Code allowing the person to withdrawhis or her plea of guilty and to enter a plea of not

guilty or setting aside the verdict of guilty or dismissing the accusation information or

indictment

REGULATORY PROVISIONS

9 California Code ofRegulations title 16 section 1770 states

For the purpose of denial suspension or revocation of a personal or facility license

pursuant to Division 15 (commencing with Section 475) of the Business and Professions Code a

crime or act shall be considered substantially related to the qualifications functions or duties of a

licensee or registrant if to a substantial degree it evidences present or potential unfitness of a

licensee or registrant to perform the functions authorized by his license or registration in a manner

consistent with the public health safety or welfare

COST RECOVERY

10 Section 1253 of the Code provides in pertinent part that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs ofthe investigation and

enforcement ofthe case

DRUGS

11 Pregabalin also known by the brand name Lyrica is a Schedule V non-narcotic

controlled substance under Health and Safety Code section 11058 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

12 Eszopiclone also known by the brand name Lunesta is a Schedule lY non-narcotic

controlled substance under Health and Safety Code section 11057 and is classified as a

dangerous drug pursuant to Business and Professions Code section 4022

4 Accusation

Amiddot-

1

2

3

4

5

6

7

8

9

10

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

13 Tadalafil also known by the brand name Cialis is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

14 CelecoKib also known by the brand name Celebrex is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

FIRST CAUSE FOR DISCIPLINE

(Substantially Related Convictions)

15 Respondent is subject to disciplinary action under sections 490 and 4301 subdivision

()ofthe Code in conjunction with California Code of Regulation title 16 section 1770 in that

Respondent was convicted of a crime substantially related to the qualifications functions or

duties of a icensedpharmacist Specifically on or about September 2 2008 after pleading nolo

contendere Respondent was convicted of one misdemeanor count of violating Penal Cotle

Section 6025(B) [entering dwelling without consent] in the criminal proceeding entitled The middot

People ofthe State ofCalifornia v Serj Soukaz Markarian (Super Ct Los Angeles County 2008

No 7PY07737) Respondent was placed on probation for 36 months and was ordered to pay a

fine

16 The circumstances are that on or about August 17 2007 while working as a

pharmacist atmiddotCVS Pharmacy Respondent was observed concealing the following

pharmaceuticals in his bag Cialis 20 mg Lyrica 50 mg Lunesta 3mg and Celebrex 100 mg A

CVS store manager waited for Respondent to exit the store at closing time and contacted him in

the parking lot The store manager checked Respondents bags and located five (s) bottles of

pharmaceuticals that had been taken from the pharmacy without permission and had not been

paid for nor prescribed to Respondent

SECOND CAUSE FOR DISCIPLINE

(Unprofessional Conduct Dishonest Act)

17 Respondent is subject to disciplinary action under section 4301 subdivision (f) ofthe

Code in that he committed an act involving moral turpitude dishonesty fraud deceit or

corruption Complainant refers to and by this reference incorporates the allegations set forth in

paragraphs 15 and 16 as though set fort~ fully

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Accusation

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THIRD CAUSE FOR DISCJPLINE

(Possession of Controlled Substance Without a Prescription)

18 Respondent is subject to disciplinary action under section 4060 of the Code in that be

possessed controlled substances that were not furnished to him upon prescription of a physician

Complalnant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

FOURTH CAUSE FORDISCJPLINE

(AdministerFurnish Controlled Substance to Self)

19 Respondent is subject to disciplinary action under section 11170 of the Health and

Safety Code in that he prescribed administered or furnished a controlled substance to himseif

Complaifant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

PRAYER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

1 Revoking or suspending Pharmacist License Number RPH 54284 issued to SeJj

Soukaz Markarian

2 Ordering Serj Soukaz Markarian to pay theBoard ofPharmacy the reasonable costs

of the investigation and enforcement ofthis case pursuant to Business and Professions Code

section 1253

3 Taldng such other and further action as deemed necessary and proper

DATED KHEROLD

-Cbltf_hCGI-Ll___I I

middot xec ive Officer Ca ifomia State Board of Pharmacy State of California Complainant

LA2010600173 60622416doc

6 Accusation

Amiddot-

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13 Tadalafil also known by the brand name Cialis is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

14 CelecoKib also known by the brand name Celebrex is not a scheduled drug but is

classified as a dangerous drug pursuant to Business and Professions Code section 4022

FIRST CAUSE FOR DISCIPLINE

(Substantially Related Convictions)

15 Respondent is subject to disciplinary action under sections 490 and 4301 subdivision

()ofthe Code in conjunction with California Code of Regulation title 16 section 1770 in that

Respondent was convicted of a crime substantially related to the qualifications functions or

duties of a icensedpharmacist Specifically on or about September 2 2008 after pleading nolo

contendere Respondent was convicted of one misdemeanor count of violating Penal Cotle

Section 6025(B) [entering dwelling without consent] in the criminal proceeding entitled The middot

People ofthe State ofCalifornia v Serj Soukaz Markarian (Super Ct Los Angeles County 2008

No 7PY07737) Respondent was placed on probation for 36 months and was ordered to pay a

fine

16 The circumstances are that on or about August 17 2007 while working as a

pharmacist atmiddotCVS Pharmacy Respondent was observed concealing the following

pharmaceuticals in his bag Cialis 20 mg Lyrica 50 mg Lunesta 3mg and Celebrex 100 mg A

CVS store manager waited for Respondent to exit the store at closing time and contacted him in

the parking lot The store manager checked Respondents bags and located five (s) bottles of

pharmaceuticals that had been taken from the pharmacy without permission and had not been

paid for nor prescribed to Respondent

SECOND CAUSE FOR DISCIPLINE

(Unprofessional Conduct Dishonest Act)

17 Respondent is subject to disciplinary action under section 4301 subdivision (f) ofthe

Code in that he committed an act involving moral turpitude dishonesty fraud deceit or

corruption Complainant refers to and by this reference incorporates the allegations set forth in

paragraphs 15 and 16 as though set fort~ fully

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Accusation

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THIRD CAUSE FOR DISCJPLINE

(Possession of Controlled Substance Without a Prescription)

18 Respondent is subject to disciplinary action under section 4060 of the Code in that be

possessed controlled substances that were not furnished to him upon prescription of a physician

Complalnant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

FOURTH CAUSE FORDISCJPLINE

(AdministerFurnish Controlled Substance to Self)

19 Respondent is subject to disciplinary action under section 11170 of the Health and

Safety Code in that he prescribed administered or furnished a controlled substance to himseif

Complaifant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

PRAYER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

1 Revoking or suspending Pharmacist License Number RPH 54284 issued to SeJj

Soukaz Markarian

2 Ordering Serj Soukaz Markarian to pay theBoard ofPharmacy the reasonable costs

of the investigation and enforcement ofthis case pursuant to Business and Professions Code

section 1253

3 Taldng such other and further action as deemed necessary and proper

DATED KHEROLD

-Cbltf_hCGI-Ll___I I

middot xec ive Officer Ca ifomia State Board of Pharmacy State of California Complainant

LA2010600173 60622416doc

6 Accusation

(7 -fi

THIRD CAUSE FOR DISCJPLINE

(Possession of Controlled Substance Without a Prescription)

18 Respondent is subject to disciplinary action under section 4060 of the Code in that be

possessed controlled substances that were not furnished to him upon prescription of a physician

Complalnant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

FOURTH CAUSE FORDISCJPLINE

(AdministerFurnish Controlled Substance to Self)

19 Respondent is subject to disciplinary action under section 11170 of the Health and

Safety Code in that he prescribed administered or furnished a controlled substance to himseif

Complaifant refers to and by this reference incorporates the allegations set forth in paragraphs

15 and 16 as though set forth fully

PRAYER

WHEREFORE Complainant requests that a hearing be held on the matters herein alleged

and that following the hearing the Board of Pharmacy issue a decision

1 Revoking or suspending Pharmacist License Number RPH 54284 issued to SeJj

Soukaz Markarian

2 Ordering Serj Soukaz Markarian to pay theBoard ofPharmacy the reasonable costs

of the investigation and enforcement ofthis case pursuant to Business and Professions Code

section 1253

3 Taldng such other and further action as deemed necessary and proper

DATED KHEROLD

-Cbltf_hCGI-Ll___I I

middot xec ive Officer Ca ifomia State Board of Pharmacy State of California Complainant

LA2010600173 60622416doc

6 Accusation